Resolution 080-2005
RESOLUTION NO. 080 - 2005
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
FOR ADMINISTRATIVE RELIEF MADE BY CURTIS SMART
ON THE LOT DESCRIBED AS LOT 15, BLOCK 3, CROSS KEY
WATER WAY ESTATES SUBDIVISION, KEY LARGO, REAL
ESTATE NUMBER 00468471.004500. THE RELIEF IS IN THE
FORM OF A DWELLING UNIT ALLOCATION AWARD.
WHEREAS, Curtis Smart has submitted an application for a building permit allocation
under the Residential Rate of Growth Ordinance (ROGO) in June of 2000; and
WHEREAS, the application has been in the ROGO system for at least four (4)
consecutive years; and
WHEREAS, Curtis Smart has applied for administrative relief under Monroe County
Code Section 9.5 122.2 (f); and
WHEREAS, the Board of County Commissioners (BOCC) has the authority to grant
administrative relief under Section 9.5 122.2. (f) (6) and may grant the applicant a building
allocation, offer to buy the property at fair market value, or provide such other relief as may be
necessary and appropriate; and
WHEREAS, the lot is disturbed/scarified and the applicant received positive one point;
and
WHEREAS, Board of County Commissioners Resolution 223-2004 directs staff to
identify small parcels with indigenous hammock and pinelands for recommended purchase; and
WHEREAS, the subject property, is not an area of indigenous hammock or pinelands;
and
WHEREAS, Policy 101.6.5 of the 2010 Comprehensive Plan provides criteria to be used
for determining lands that are appropriate for acquisition and the criteria includes the
environmental sensitivity of the vegetative habitat on the lot; and
WHEREAS, the subject property, located in Cross Key Water Way Estates Section One
Subdivision is not environmentally sensitive;
WHEREAS, the Monroe County Board of County Commissioners makes the following
findings of fact and conclusions of law:
1) The Smart property, Lot 15, Block 3, Cross Key Water Way Estates Section One
Subdivision, ROGO application received no negative environmental points and one (1)
positive environmental point; and
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2) Policy 101.6.1 of the 2010 Comprehensive Plan and Section 9.5-122.2(f) of the Monroe
County Land Development Regulations provides a mechanism whereby an applicant who
has not received an allocation award in RaGa may apply to the Board of County
Commissioners for administrative relief.
3) The applicant has been in the RaGa system for three ofthe last four annual allocation
periods and therefore qualifies for administrative relief; and
4) The property does not qualify under criteria established by Resolution 223-2004 for
purchase by the Monroe County Land Authority of small parcels with indigenous
hammock and pinelands; and
5) The property does not qualify as environmentally sensitive under criteria established by
Policy 101.6.5 and Policy 101.6.6 that directs the County to prioritize acquisition based
on the environmental sensitivity of the land.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Administrative relief is granted to Curtis Smart for Lot 15, Block 3, Cross Key Water Way
Estates Section One Subdivision, administrative relief in the form of a dwelling unit allocation
award, subject to the following conditions:
1. The timing of the issuance of the permit shall be in accordance with the annual number of
residential allocations defined by Policy 101.2.13 and as required by Section 9.5-122.2 (f) of
the Monroe County Code; and
2. The allocation award shall be taken out of the next quarterly allocation which closes April 13,
2005 (Quarter 3, Year 13) or such time as a residential allocation becomes available; and
3. The assignment of a nutrient reduction credit shall be required prior to issuance of the permit.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 16th day of February 2005.
Mayor Dixie Spehar
Mayor Pro Tern Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David Rice
Commissioner Murray Nelson
Yes
YP.R
Yes
Yes
Yes
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY "ft)d~. ~k4.--lJ
Mayor DIXIe Spehar
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ATTEST: D1\
Y L. KOLHAGE, CLERK
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