Resolution 390-1992Planning Department
RESOLUTION NO. 390-1992
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COMMISSIONERS AUTHORIZING THE MAYOR TO
EXECUTE, ON BEHALF OF MONROE COUNTY,
FLORIDA, AN AGREEMENT BETWEEN THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS, MONROE
COUNTY, DENNIS MARTINEZ AND DEAN MARTINEZ
CONCERNING LOT 2, BLOCK 8, GULFSTREAM
SHORES SUBDIVISION, KEY LARGO,
UNINCORPORATED MONROE COUNTY,FLORIDA, AND
LOCATED OFF STATE ROAD 905
'92 SEF I o 1+.
WHEREAS, Dean and Dennis Martinez are the owners of real prop-
erty know as:
Lot 2, Block 8, Gulfstream Shores subdivision, Key Largo,
Monroe County, Florida,
herein referred to as "the subject property"; and
WHEREAS, the Monroe County Building Department issued to
Dennis and Dean Martinez Permit Number 9130003446 for the con-
struction of a swimming pool and spa on the subject property, and
rendered the development order to the Department of Community
Affairs; 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. 9130003446, 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, Dennis
Martinez and. Dean Martinez desire to amicably settle and resolve
the foregoing dispute by agreement; and
WHEREAS, the Florida Department of Community Affairs, Dean
Resolution #
Martinez and Dennis Martinez agree to the following:
1. To amend the location map and survey to comply with Monroe
County Land Development Regulation, Section 9.5-293, Surface
Water Management Criteria; and
2. To reduce the deck so that no more than four (4) feet of the
deck shall encroach into the rear setback; and
3. To vegetate the berm running along the rear property line to
prevent the erosion of the berm; and
4. To request Monroe County to amend the building permit to
comply with the conditions of the settlement agreement; and
WHEREAS, the staff report by Lorenzo Aghemo, Director of
Planning, found that the agreement between the Florida Department
of Community Affairs, Dennis Martinez and Dean Martinez complies
with the Monroe County Land Development Regulations; 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, Dennis and Dean Martinez;
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,
agrees with the recommendation of the Director of Planning
that the execution of this agreement would be in the best inter -
Resolution #
csts of the citizens of Monroe County and we hereby approve and
adopt the agreement between the Florida Department of Community
Affairs, Dennis Martinez and Dean Martinez; and
That the Mayor is hereby authorized to execute the agree-
ment between the Florida Department of Community Affairs, Monroe
County, Dennis Martinez and Dean Martinez, a copy of said agree-
ment is attached hereto and incorporated by reference; and
That the Clerk of the Board is hereby directed to forward
four certified copies of the agreement to the Growth Management
Division.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a special meeting of said Board held
on the 27th day of August , A.D. , 1992.
Mayor Harvey Yes
Mayor Pro Tem London e—Y s
Commissioner Cheal Yes
Commissioner Jones Yes
Commissioner Stormont Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor/Chairman
(SEAL)
Attest: DANbIW L Y01A3AGA Clerk
,7 i �_—../� 1/
M
Resolution #
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF COMMUNITY AFFAIRS,
Petitioner,
V.
CASE NO. 91-6602DRI
DENNIS MARTINEZ and DEAN
MARTINEZ; and MONROE COUNTY,
Respondents.
SETTLEMENT AGREEMENT
THIS AGREEMENT is entered into between Dennis Martinez and
Dean Martinez ("Martinez") and the Department of Community
Affairs ("DCA"), an agency of the State of Florida, and Monroe
County, a political subdivision of the State of Florida ("Monroe
County"), 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, 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 Areas of Critical State Concern; and
WHEREAS, DCA is authorized by Section 380.032, 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; and
WHEREAS, Martinez is the owner of the real property known
as: Lot 8, Block 2, GULFSTREAM SHORES,
Key Largo, Monroe County, Florida.
(herein "the subject property"); and
WHEREAS, most of Monroe County, including the subject
property, is located within the Florida Keys Area of Critical
State Concern, as designated under Sections 380.05 and 380.0552,
Florida Statutes; and
WHEREAS, Monroe County issued to Martinez, Owner and
Contractor, three (3) building permits, each numbered 9130003446,
for electrical plumbing, and construction of a swimming pool and
spa on the subject property; and
WHEREAS, the building permits numbered 9130003446, are
contrary to the adopted Monroe County land development
regulations; and
WHEREAS, in August 1991, the Department timely appealed
building permits numbered 9130003446 to the Florida Land and
Water Adjudicatory Commission, alleging that the permits are not
in compliance with applicable provisions of the Monroe County
land development regulations; and
WHEREAS, the parties hereto wish to avoid the expense and
delay of lengthy litigation and to resolve the issues pending in
this appeal under the terms and conditions set forth herein,
which terms and conditions effectuate the provisions and purposes
of the Act, and it is in their best interests to do so.
WHEREAS, Monroe County joins in this Agreement for the
2
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 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 of this
Agreement.
2. Location Map. The location map and survey prepared
by Frederick H. Hildebrant dated February 17, 1992, and revised
May 25, 1992, Dwn. No. 92-155-01 which is attached hereto and
incorporated herein by reference shall be amended to reflect the
following:
a. the citation to 1st 1" of rain water and the
calculation following shall reflect the Monroe County Land
Development Regulation Section 9.5-293; and
b. the deck shall be reduced so that no more than 4
feet of the deck shall encroach into the 20 foot rear setback;
3. Vegetation. The berm running along the rear property
line shall be vegetated to prevent the erosion of the berm.
4. Amendment of Development Order. The DCA and Martinez
hereby request that Monroe County amend building permits numbered
9130003446, to comply with this Agreement.
5. Dismissal of Proceedings. In consideration of these
mutual covenants, and within fifteen (15) days of the rendition
of the amended building permits each numbered 9130003446 that
3
complies with this Agreement, the DCA shall file on behalf of all
the parties a Notice of Voluntary Dismissal of the above -
captioned appeal. The DCA shall endeavor to expeditiously
conclude this matter to avoid unnecessary delay to Martinez.
6. Entirety of Agreement. The parties further agree that
this Agreement 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.
7. Duplicate Originals. This Agreement may be executed in
any number of originals, all of which evidence one agreement, and
only one of which need be produced for any purpose.
8. 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, the DCA
may enforce this Agreement as provided in Section 380.06 and
380.11, Florida Statutes.
9. Scope of Authority. 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 or local ordinance for any development
authorized by this Agreement.
4
10. Release; Costs and Attorneys 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
costs and attorney fees incurred in connection with this
proceeding.
11. Date of Execution. The date of execution of this
Agreement shall be the date that the last party signs and
acknowledges this Agreement.
12. Effective Date. This Agreement shall become effective
and binding on the parties upon the filing of a dismissal by the
Florida Land and Water Adjudicatory Commission.
13. Survival. This Agreement shall survive dismissal of
the above -styled action and shall be binding on the parties
hereto.
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IN WITNESS THEREOF, the parties by and through their
respective undersigned duly authorized representatives have
executed this Agreement on the dates and year below written.
2L
DENNIS MARTINEZ
216 Hibiscus Avenue
Key Largo, Florida 33037
AU Us
_�SnAi71s2': y , 1992
DEAN MARTINEZ"
216 Hibiscus Avenue
Key Largo, Florida 33037
AU
1992
21
G. —STEVMT—PFE=ER
General Counsel
Department of Community
Affairs
2740 Centerview Drive
Tallahassee, FL 32399-2100
(904) 488-0410
4$;6;t kS, 1992
MONROE COUNTY, a political
subdivision of the State of
Florida
By
WILHELMINA HARVEY, Mayor
( SEAL)
Attest: Danny L. Kolhage,
Clerk
By
Deputy C er
August 1 1992
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