Loading...
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. 5 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 OVt .� / -26 31 s 30 21,00- E AF z rn O Vr < x " < c Oro 9� 7!T z z z '2"- o o o c m Dp o n c � l . �3 1 O y<ly l Y�/ o: C 3 i f�