Resolution 363-1992Planninq De n.ent
RESOLUTION NO. 363-1992
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COMMISSIONERS AUTHORIZING THE MAYOR TO F'LFP
EXECUTE, ON BEHALF OF MONROE COUNTY,
FLORIDA, AN AGREEMENT BETWEEN THE FLORIDA '92 i
DEPARTMENT OF COMMUNITY AFFAIRS, MONROE
COUNTY, SWEETWATER HOMES, INC. AND ARNOLD
AND ANNA MANGER, CONCERNING LOT 3, BLOCK 4
WINDWARD BEACH ESTATES SUBDIVISION, LITTLE
TORCH KEY, UNINCORPORATED MONROE COUNTY,
FLORIDA, AND LOCATED AT APPROXIMATE MILE
MARKER 28.5
WHEREAS, Anna and Arnold Manger are the owners of real. pr_oper-
ty know as:
Lot 3, Block 4, Windward Beach Estates subdivision, Little
Torch Key, Monroe County, Florida
herein referred to as "the subject property"; and
WHEREAS, Sweetwater Homes, Inc. is the General Contractor for
the owners; and
WHEREAS, on May 10, 1991, the Monroe County Building
Department .issued to Arnold and Anna Manger, owners, and to
Sweetwater Homes, Inc., General Contractor, permit number
911.0002526 for the construction of a single family residence on
':-.he subject property, and rendered the development order to the
I:)epartment of Community Affairs (herein DCA) on May 14, 1.991; and
WHEREAS, The Florida Department of Community Affairs filed a
Notice of Appeal with the Florida Land and Water Adjudicatory Com-
mission appealing the issuance of the Monroe County Building
Department Permit No. 9110002526, alleging that the permit is not
in compliance with applicable provisions of the Monroe County
land development regulations; and
WHEREAS, The Florida Department of Community Affairs, Anna
and Arnold Manger and Sweetwater Homes, Inc. desire to amicably
Resolution #
settle and resolve the foregoing dispute by agreement; and
WHEREAS, the Florida Department of Community Affairs, Arnold
and Anna Manger, Monroe County and Sweetwater Homes, Inc. agree
to the following:
1. Monroe County agrees to cancel the appealed Building Permit
No. 9110002526 and to issue a new building permit in accordance
with the site plan described in Attachment A which is attached
hereto and incorporated as a part of this agreement; and
2. The DCA agrees to file a Notice of Voluntary Dismissal upon
receipt of the modified building permit; and
WHEREAS, the staff report by Lorenzo Aghemo, Director of
Planning, found that the agreement between the Florida Department
of Community Affairs, Sweetwater Homes, Inc. and Arnold and Anna
Manger complies with the Monroe County Land Development Regula-
tions; and
WHEREAS, the Director of Planning and the planning staff
consider the agreement to be in the public health, safety and
welfare; and
WHEREAS, therefore, the staff report by Lorenzo Aghemo,
Director of Planning, recommends approval of the agreement and
recommends that the Board of County Commissioners authorize the
Mayor to execute the agreement between the Florida Department of
Community Affairs, Sweetwater Homes, Inc. and Anna and Arnold
Manger;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS
OF MONROE COUNTY, FLORIDA, as follows:
That the Board of Commissioners of Monroe County, Florida,
Resolution #
agrees with the recommendation of the Director of Planning
that the execution of this agreement would be in the best inter-
ests of the citizens of Monroe County and we hereby approve and
adopt the agreement between the Florida Department of Community
Affairs, Sweetwater Homes, Inc. and Anna and Arnold Manger; and
That the Mayor is hereby authorized to execute the agree-
ment between the Florida Department of Community Affairs, Mon-
roe County, Sweetwater Homes, Inc. and Anna and Arnold Manger,
a copy of said agreement is attached hereto and incorporated by
reference; and
That the Clerk of the Board is hereby directed to forward.
three certified copies of the agreement to the Division of
Growth Management.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 4th day of
(SEAL)
August
, A.D., 1992.
Mayor Harvey Yes
Mayor Pro Tem London Yes
Commissioner Cheal Yes
Commissioner Jones Yes
Commissioner Stormont Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
Mayor/Chairman
Attest: DAI W L. YOIJUGP, Clerk
CieYK
10
Resolution #
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF COMMUNITY AFFAIRS,
Petitioner, )
v. )
ARNOLD MANGER and ANNA MANGER, )
Owners; SWEETWATER HOMES, INC., )
Contractor; and MONROE COUNTY, )
a political subdivision of the )
State of Florida, )
Respondents. )
CASE NO. 91-5969DRI
SETTLEMENT AGREEMEN
THIS AGREEMENT is entered into by Arnold Manger, Anna Manger,
Sweetwater Homes, Inc., Monroe County and the Department of
Community Affairs ("DCA"), an agency of the State of Florida, as a
complete and final settlement of all claims raised in the above -
styled appeal filed by DCA pursuant to Section 380.07, Florida
Statutes.
WHEREAS, Arnold Manger and Anna Manger (herein "Owners") are
owners of certain real property in Monroe County known as Lot 3,
Block 4, 'Windward Beach Estates, Little Torch Key, Section 2.1,
Township 665, Range 293, Monroe County, Florida; and
WHEREAS, most of Monroe County, including the Owners,
property, is designated an Area of Critical State Concern under
Sections 3809.05 and 380.0552, Florida Statutes; and
WHEREAS, the Department of Community Affairs is the state land
planning agency with the duty and responsibility for the general
supervision and administration of the provisions of Chapter 380,
Florida Statutes, and the rules and regulations promulgated
thereunder, including the Monroe County land development
regulations; and
WHEREAS, Monroe County has adopted a comprehensive plan and
land development regulations which comply with the Principle for
Guiding Development for the Florida Keys Area of Critical State
Concern and which have been approved by rule by the Department; and
WHEREAS, DCA is the state land planning agency having the
power and duty to exercise general supervision of the
administration and enforcement of Chapter 380, Florida Statutes,
the Environmental Land and Water management Act, which includes
provisions relating to the Florida Keys Area of Critical State
concern; and
WHEREAS, DCA is authorized by Section 380.0320 Florida
Statutes, to enter into an agreement with any landowner, developer
or other governmental agency as may be necessary to effectuate the
provisions and purposes of Chapter 380, Florida Statutes, or any
related rule;
WHEREAS, DCA appealed Building Permits No. 9110002526 issued
by Monroe County to Arnold and Anna Manger through their agent
Sweetwater Homes, Inc., and
WHEREAS, the parties hereto wish to avoid the expense and
delay of lengthy litigation and resolve the pending appeal under
the terms and conditions set forth herein, which terms apd
conditions effectuate the provisions and purposes of the Act, and
it is in their best interests to do so; and
2
WHEREAS, Monroe County joins in this Agreement for the purpose
of implementing and enforcing same.
NOW, THEREFORE, in consideration of the terms and conditions
set forth hereafter and the full, complete and final settlement of
r.
all claims arising out of the above -styled appeal, the parties
hereto agree as follows:
1. Representations. The representations set forth above are
incorporated herein and are essential elements hereof.
2. Issuance of New Development Order. Monroe County agrees
to cancel the appealed Building Permits No. 9110002526 and issue
new building permits in accordance with the facsimile transmission
site plan described in Attachment A which is attached hereto and
incorporated as a part of this agreement. The Department agrees to
cooperate with the Owners in all efforts to secure revised building
permits or agency permits as may be required to effectuate the
intent of this agreement.
3. Further Proceedings. Within 15 working days of DCA's
receipt of said modified building permits, DCA shall file a Notice
of Voluntary Dismissal of the above -captioned appeal.
4. Entirety of Agreement. The parties further agree that
T
this Settlement contains the entire and exclusive understanding and
agreement among the parties and may not be modified in any manner
except by an instrument in writing and signed by the parties.
3
5. Enforcement. In the event of a breach of this Agreement
or failure to comply with any condition of it or if it has been
based upon materially inaccurate information, DCA may enforce this
Agreement as provided in Sections 120.69 and 380.11, Florida
statutes.
6. scope of ,4uthoraty. This Agreement affects the rights
and obligations of the parties under Chapter 380, Florida Statutes.
it is not intended to influence or determine the authority or
decisions of any other state or local government or agency in
issuance of any other permits or approvals that might be required
by state law of local ordinance for any development authorized by
this Agreement.
7. pelease ; Costs and AttQrDe_ys Fees. Each party hereto
releases the other from any and all claims or demands arising out
of the subject permit appeal. Each party shall bear its own coasts
and attorney fees incurred in connection with this proceeding.
8. bate of Exn. The date of execution of this
Agreement shall be the date that the last party signs and
acknowledges this ,Agreement.
9. Fffectfve_D_atU. This Agreement shall become effective on
the date the Florida Land and Water Adjudicatory commission enters
a final order approving this Agreement and dismissing the subject
appeal.
n
u
IN WITNESS WHEREOF/ the parties by and through their
respective undersigned duly authorized representatives have
executed this Agreement on the dates and year below written.
�F.
BY' WTTNESSE
OLD MAN
STATE OF'.
COUNTY OF 2,y e4
n The foregoi_ag instrument was acknowledged before me this
day of _ I I) - - , 1992, by ARNOLD MANGER, who is
personal},y known to me or who has produced
t ke an `'�'�' I as identification and who did (did not)
oath-.
,v
Notary Publ c
LISA A, C_AMFRONIE"SGY
'3g3
Name (typed, printed or stamped)
Ser al number, If any
5
J
13Y:
ANNA MANGER •,
STATE
OF
COUNTY
OF
WITNESSES:_--
....
n
77'-
The Poxegoi i
day o f nstrument was acknowledged before me this
perso ..a y kn
take an oath. own to me ' o1992, who by MANGER, who is
has produced
9 a l"' as identification and who did (did not)
No ary,Rubl c77,
Name (typed, Printed or stamped)
Ser al number, iP any
SWEETWATER HOMES, INC.,
a Florida Corporation
BY: - - WITNESSES:
TITLE: ,
STATE OF FLoRIDA. ,
COUNTY OF
The foregoing instrument was acknowledged before me this
day
o f
, .3�ho x -- ----- , 19 9 2 , b
produced Personally known to me or who has
(did not) take an oath, as identification and i
Notary Publ c -yl` �'t Name ( ed e
tYp , pr nted or
Serial number, if any
r.
MONROE COUNTY ATTEST:
DANNY L. KOLRAGE, CLERK
4
BY: BY:
IV06Gam.4. enweie
W ME 19 A -RA.RV-EY Deputy Clerk
Mayor 0q,-f/, /0?
7
STATE OF FLORIDA
COUNTY OFtQIK.�PQ�J�
The forego g ins rument was acknowledged before me this
day of , 1992, by WILHELMINA HARVEY,
CK
who is personal known to me or who has produced
as identification and who did (did not)
take an oath.
IFAI
Notary Pub�lic
� I-v)A)Sm/TW-P7.
Name (typed, printed or stamped)
Notary Public, State of Florida
MY Cornmis--ien Juno 24, 1991
Bonded Thru Troy Fain - Insurpnce Inq
Serial number, if any
er
7
DEPARTMENT OF COMMUNITY AFFAIRS
BY WITNESSES:
L NDA OOMIS SHE LEY"' -
Secretary
C.
Approved as to form and
legal sufficiency:
/I ��.✓
Attorney, Department bf commun ty
Af fairs
STATE �'LORIDA
COUNTY O
The forego g instrument was acknowledged before me this
day of , 1992, by -NDA LOOMIS SHELLEY,
secretary of the Dep tment of Community Af rs, who is personally
known to me or who as produced as
identification and who d (did not) take an oath.
Notary Publ c
Serial n
printed or stamped;
>ec` f any
.J
9
�-
:�, �l � STATE OF FLOR DA
�PARTMENT Or EALTH AND REHABILITATIVE SERVICES� P r
1 � J:I
ON iTr S i G� oi' rDSAL 1'ST�M CONSTRUCTION .,ND INSTALL ATIO� 1('C
s.'`y� 1r40Nr�Ok GOU►yI Qkliu ""f ^1( r rCliCZ 0,-, iNUrn'
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an AFProvcc __ � � �"" i�b�c�rovao -- Data
County pu,zIiIS
ALL, CHANGES MUST BE APPROVED BY THE COUNTr' PUBLIC HEALTH UNIT