Resolution 062-1991w
Planning Department
RESOLUTION NO. 062-1991
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
AUTHORIZING THE MAYOR TO EXECUTE ON BEHALF
OF MONROE COUNTY, FLORIDA, A JOINT AGREE-
MENT AS AMENDED BY THE BOARD OF COUNTY
COMMISSIONERS IN THE APPEAL BY THE DEPART-
MENT OF COMMUNITY AFFAIRS OF MONROE COUNTY
BUILDING PERMIT NO. 9030000765 ISSUED TO
EMANUEL MICELLI AND ROBERT PETRI
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA THAT:
The Mayor of Monroe County is hereby authorized to execute
on behalf of Monroe County, Florida, a joint agreement, as amend-
ed by the Board of County Commissioners, in the appeal by the
Department of Community Affairs of Monroe County Building Permit
No. 9030000765 issued to Emanuel Micelli and Robert Petri, a copy
of said agreement being attached hereto and incorporated by refer-
ence.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the � day of ALGA , A.D. , 1991.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By --
Mayor/Chairman
(SEAL)
Attest: DAlW L. KOLHAGE,
2e, , d w 0.�
./C
Clerl
S: 8 tl V AtIN 16.
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I
STATE OF FLORIDA
LAND AND WATER ADJUDICATORY COMMISSION
IN RE: BUILDING PERMIT NO.9030000765
AND ISSUED TO EMANUEL MICELLI AND Case No. 90-
ROBERT PETRI BY MONROE COUNTY IN THE
FLORIDA KEYS AREA OF CRITICAL STATE
CONCERN
AGREEMENT
This Agreement is entered into by Emanuel Micelli and Robert
Petri and the State of Florida, Department of Community Affairs
("DCA"), pursuant to Section 380.032(3), Florida Statutes (1989).
RECITATIONS
This Agreement is based upon the following statements of
fact and of law:
1. Emanuel Micelli and Robert Petri are the owners of prop-
erty located in Monroe County, Florida.
2. On July 18, 1990, Monroe County, Florida issued building
permit 9030000765 for three modular replacement units on their
property described as lot 2, Baywood Subdivision.
3. The DCA is the land planning agency of the State of
Florida exercising duties and responsibilities set forth in Chap-
ter 380, Florida Statutes, including the provisions of Sections
380.05 and 380.0552 applicable to the Florida Keys Area of Criti-
cal State V Concern. The DCA has asserted that it has the authority
and responsibility under Section 380.07, Florida Statutes, to
review Permit No. 9030000765 issued by Monroe County, Florida to
Emanuel Micelli and Robert Petri on July 18, 1990 for the con-
struction of three modular units within 45 days after receipt
thereof, to determine whether such Permits comply with the Monroe
County Comprehensive Plan and Land Development Regulations and
Chapter 380, Florida Statutes.
4. On August 31, 1990, the DCA filed a Notice of Appeal
based upon the Department's review of Building Permit No.
9030000765 issued by Monroe County relating to the replacement of
three modular units.
5. The Department filed the appeal for the following
reasons:
a. The Department found that the property is designated
and zoned as Urban Residential (UR). Section 9.5-262, MCLDR,
establishes the allocated density for the UR district at 6 dwell-
ing units per acre. The applicant has indicated that the parcel
measures .79 acres. As such, the property can only support 4
dwelling units based on the allocated density. Therefore, the
existing 10 dwelling units are non -conforming uses or structures
in the UR district.
b. Sec. 9.5-143(f), MCLDR, provides that a structure in
which a non -conforming use is located may be restored "...only
for uses which conform to the provisions of the land use district
in which it is located." The reconstruction of this structure
will continue a density of 12.6 units per acre, which exceeds the
6 units per acre allowed by the MCLDR. The subject permit fails
to comply`and/or is in violation of one or more of the referenced
standards under existing conditions.
C. The site plan does not adequately address the off-
street parking and drainage requirements in Sections 9.5-351 and
9.5-293, MCLDR.
Page 2
6. The parties however, desire to amicably settle and re-
solve the foregoing dispute by agreement to add conditions to
Permit No. 9030000765 as enumerated in items 2 - 7 below.
NOW THEREFORE, in consideration of the premises and the mutu-
al covenants hereinafter set forth, the parties hereto agree as
follows:
1. The foregoing recital are true and correct.
2. The owners agree that the three proposed modular units
as applied for in the subject building permit meet the require-
ments for and shall be designated as affordable housing units
as per the covenant requirements of Section 9.5-266(a)(3) of the
Monroe County Land Development Regulations.
3. Any further reconstruction or expansion or development
on this property will be reviewed under minor conditional use
standards as prescribed in Section 9.5-68 of the Monroe County
Land Development Regulations.
4. The owners agree and warrant that the rents charged for
the three proposed modular units authorized by Permit No.
9030000765 will be set based upon the standards for moderate in-
come levels within Monroe County. Any future dwelling units con-
structed on this property will have their rents established based
upon the standards for moderate and low-income levels within
Monroe County. The foregoing rent standards shall be based on the
current median income for each category as described in 'The
Affordable Housing Act', Florida Statutes, as the current base
level from which such rents shall be charged, such rentals to be
overseen by the Monroe County Housing Authority.
Page 3
5. The maximum number of dwelling units allowed on this
property at any time will be limited to thirteen units; whether
in detached or attached dwelling structures.
6. The owners agree to retain all stormwater drainage on
the property. No stormwater runoff will be allowed to enter into
any adjacent waters.
7. The owners will provide fifteen onsite parking spaces
for the seven existing and three proposed dwelling units. Any
further reconstructions or expansion must be consistent with the
off-street parking requirements in Section 9.5-351 MCLDR.
8. AUTHORITY. This agreement is made by DCA pursuant to
its legal authority under Section 380.032(3), Florida Statutes,
and is enforceable pursuant to Section 380.11, Florida Statutes.
9. SUCCESSORS AND ASSIGNS. This Agreement shall inure to
the benefit of and be binding on the successors and assigns of
the parties.
10. EFFECTIVE DATE. The effective date of this agreement
is that date when the last party hereto signs this Agreement.
11. RECOMMENDATION TO FLAWAC. The parties hereto recommend
approval of this Agreement and issuance of a Development Order by
FLAWAC which incorporates the conditions set forth above in addi-
tion to compliance with all other applicable laws and regula-
tions, including the MCLDRs.
Page 4
IN WITNESS WHEREOF, the parties have duly executed this
Agreement and agreed to be found by its terms.
Robert Petri, Owner
Emanuel Micelli, Owner
WILLIAM E. SADOWSKI, Secretary,
Department of Community Affairs,
State of Florida
By:
Attorney, DCA
Wilhelmina Harvey, Mayor
MONROE COUNTY
Date
Date
Date
Date
Date
STATE OF
COUNTY OF
Subscribed and sworn to before my by
day of 1990.
. this
Notary Public
My Commission Expires:
STATE OF
COUNTY OF
Subscribed and sworn to before my by
day of 1990.
. this
Notary Public
My Commission Expires:
Page 5
IN WITNOS WHEREOF, the parties have duly executed this
ii
Agreement ana agreed to be found by its terms.
f
1
k
Robert Petri Owner Date
: NOTARY r-- t r rLORiDk
MY Comm E2. 27. 19M
BON9R TH rz' :c UNE)xRw Ptrrzwd#
Emanuel —Rice 1 ,. Owner Dat
THO AS G. QE Secretary., Date
Department o Community Affairs,
State of Fla ids
AS T-
Attorney, DCl Date A;f �iAGA SUFFIC ..�' `!
Attorney'-- Offire
John Stormont, Mayor Date
MONROE COUNTY
STATE OF
COUNTY OF v
bacri d and sworn to before me by this ,3 '� •...
day o 1990. ;..�LLLFTT
f TARY PUBLIC STATE FLU' 1
Ot �Pi ION EXPlR6S,NyiR. 2 . K
90NDED THRU GOEQAL INS. -j
' My Commission expires: (�
STATE. OF _
COUNTY OF
Subscri edand sworn to before me by this
day of 1990.
Notary Public
My Commission expires:
STATE OF
COUNTY OF
Subscribed and sworn to before my by this
day of 1990.
Notary Public
My Commission Expires:
STATE OF
COUNTY OF
Subscribed and sworn to before my by
day of 1990.
STATE OF
COUNTY OF
. this
Notary Public
My Commission Expires:
Subscribed and sworn to before my by this
day of 1990.
Notary Public
My Commission Expires:
Page 6
OUNTY jo!��NROE
KEY WESTFA 33040
1305) 294 4641
"lease reply to
,,ounty Attorney's Office
310 Fleming Street, Room 29
Key West, FL 33040
MEMORANDUM
TO: Bob Herman, Director
Growth Management Division
FROM: Randy Ludacer i
County Attorne;
SUBJECT: Emanuel Micelli, et al.
DATE: November 13, 1990
BOARD OF COUNTY COMMISSIONERS
Mayor Pro Tem Wilhelmina Harvey, District 1
Gene Lytton, District 2
Douglas Jones, District 3
Mike Puto, District 4
MAYOR John Stormont, District 5
Enclosed please find a supposed agreement which was
dropped at my office by the DCA representative recently. There
is no cover letter nor any other indication of what it is the DCA
desires in this matter, and I am forwarding it to you to
determine whether Planning agrees with the scope of the supposed
agreement and to advise me as to whether it should be sent
forward to the Commission for their signature or approval, or
whether the County has some other objective in this matter.
Mo t RO`
p�tySvlN
RL/pr
Enclosure
M E M O R A N D U M
To Randy Ludacer, County Attorney
From; Lorenzo Aghemo, Planning Director 419�
Thru: Robert L. Herman, Director of Growth Management
Date: November 21, 1990
Re Emanuel Micelli, et al.
Enclosed please find the Settlement Agreement from DCA regarding
Building Permit No. 903000765 issued to Emanuel Micelli and Rob-
ert Petri.
The Planning Department has no objection to this agreement.
Please review and forward to Mayor Stormont for signature as soon
as possible.
Thank you very much.
RECEIVED
DEC 13 1990
PLANNING DEPT.N
LAND US
BY
1990
T,-
•
C
UNTY o M4NROE
KEY WEST FlOR10A 33040
13051 294.4641 ry
Mr. M.B. Adelson, Esquire
Department of Community Affairs
2740 Centerview Drive
Tallahassee, FL 32399-2100
r BOARD OF COUNTY COMWSSIOIEF
r_ Mayor Pro Tem W*wir lns Harvey, District t
Gens Lytton. District 2
Douglas .tones. District 3
Mike Puto, District 4
t 'flit!! MAYOR John Stormont. District 5
9
December 21, 1990
RE: Settlement Agreement: Micelli and Petri
Dear Mr. Adelson:
Enclosed please find a copy of the above referenced settlement
agreement signed by Monroe County Mayor John Stormont.
Please feel free to contact me if I can be of further assistance.
Sincerely,
Lorenzo" Aghe o
Planning Director
LA:aa
enclosure
cc: Randy Ludacer, County Attorney
M E M O R A N D U M
To Danny Kohlage, Monroe County Clerk
From: Robert L. Herman, Director of Growth Management
Thru: Beth Leto, Legal Assistant
Date: November 4, 1991
Re DCA Settlement Agreement - Micelli & Petri
In November of 1990, the County Attorney's office received the
above referenced settlement agreement from a DCA representative
and in turn forwarded the agreement to me for Planning Department
review. This was the first DCA settlement agreement that Monroe
County had participated in, and no formal procedures were in
place at that time for handling such an agreement.
We returned said agreement to Mr. Ludacer on November 21, 1990
with a memorandum stating that the Planning Dept. had no objec-
tion to the agreement, requesting legal review and that it be
forwarded to (then) Mayor Stormont for signature.
Commissioner Stormont executed the document, which was returned
to DCA on December 21, 1990. Subsequently, it was decided that
the procedure on these types of agreements should include BOCC
approval. The agreement was placed on the next available BOCC
agenda, for January 29, 1991. (In the interim, Commissioner Har-
vey had assumed the position of Mayor. The agreement was modified
to reflect such.) On January 29, the Board discussed an amendment
to the agreement and continued the item to the March 12, 1991
meeting.
At the March 12 meeting, the Board approved the Settlement Agree-
ment as amended via Resolution No. 062-1991. (It should be
noted that also on March 12, the Board formally voted to become a
party to all settlement agreements of DCA appeals to Monroe Coun-
ty permits.) On April 15, 1991, DCA was notified that the Board
wished to modify the agreement. On May 31, 1991, Mr. Micelli was
notified of the Board's desired changes to the agreement and was
requested to contact this office in order to discuss same.
On July 23, 1991, the Florida Land and Water Adjudicatory Commis-
sion (FLAWAC) entered a Final Order of Dismissal in consideration
of the Settlement Agreement signed by John Stormont. The agenda
for that meeting clearly indicates that Monroe County wished to
"nullify the {original) agreement and requested that fees be
imposed for the affordable housing units due to administrative
costs." FLAWAC entered a Final Order of Dismissal of the case in
consideration of the referenced settlement agreement (without
Monroe County's requested amendments) on July 23, 1991.
At this point in time, I am forwarding Resolution No. 062-1991
and three originals of the amended settlement agreement as adopt-
ed by the Board on March 12, 1991. Please be advised that I will
agenda a Resolution to rescind Resolution No. 062-1991 at the
next available meeting of the BOCC, and that the agreement as
forwarded to you now is moot and will not be able to be executed
by the applicants nor by DCA due to the situation described above.
RLH:aa
Enclosures
BLH.344/TXTADAMS
Page 2
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 743-9036
To:
From:
Date:
� N COUNTS CO
�� eJJM Cu�p`� G9a
. 0
i
O
• 90f OOUN�•��
'Wannp X. Ralbage
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. 1305) 294-4641
M E M O R A N D U M
Bob Herman, Director
Division of Growth Management
Rosalie L. Connolly, Deputy Clerk
November 18, 1991
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852.9253
As you are aware, on March 12, 1991, the Board of County
Commissioners adopted Resolution No. 062-1991 authorizing
execution of a Joint Agreement, as amended by the Board of
County Commissioners, in the appeal by the Department of
Community Affairs of Monroe County Building Permit No.
9030000765 issued to Emanuel Micelli and Robert Petri.
Your office has advised us that this Resolution is being
rescinded. Accordingly, we are attaching a copy hereto
SOLELY
FOR
THE
SAKE
OF
CONTINUITY
cc: County Attorney
County Administrator
r;,,,
G0
STATE OF FLORIDA
LAND AND WATER ADJUDICATORY COMMISSION
IN RE: BUILDING PERMIT NO. 903-0765 )
ISSUED TO EMANUEL MICELLI AND ROBERT )
PETRI BY MONROE COUNTY IN THE FLORIDA ) CASE NO. APP-90-038
KEYS AREA OF CRITICAL STATE CONCERN ) DOAH CASE NO. 90-7004
FINAL ORDER OF DISMISSAL
This matter came before the Florida Land and Water
Adjudicatory Commission on July 23, 1991, in Tallahassee,
Florida, for consideration of an Order issued by the Division of
Administrative Hearings relinquishing jurisdiction to the
Commission and closing the file.
Pursuant to Chapter 42-2, Florida Administrative Code, the
above -stated appeal filed with this Commission on August 31,
1990, is hereby dismissed in accordance with the Division of
Administrative Hearings' Order. A copy of said Order is attached
hereto as Exhibit A.
Any party to this order has the right to seek judicial
review of the order pursuant to section 120.68, F.S., by the
filing of a Notice of Appeal.pursuant to Rule 9.110, Florida
Rules of Appeals Procedure, with the Clerk of the Commission,
Office of Planning and Budgeting, Executive Office of the
Governor, Room 412 Carlton Building, 501 South Gadsden Street,
Tallahassee, Florida 32399-0001; and by filing a copy of the
Notice of Appeal, accompanied with the applicable filing fees,
with the appropriate District Court of Appeal. Notice of Appeal
must be filed within 30 days of the day this order is filed with
the Clerk of the Commission.
10
va
DONE AND ENTERED this P 3 _ day of July 1991.
DOUGLAS M. COOK, Secretary
Florida Land and Water
Adjudicatory Commission
FILED with the cA�&y
f the Florida Land and Water Adjudicatory
Commission this of July 1991.
. 'Q A A C
lerk, Florida Land arAd Water
Adjudicatory Commission
I
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was
delivered to the following parties by U.S. Mail this g day of
July 1991.
Honorable Lawton Chiles
Governor
The Capitol
Tallahassee, Florida 32399
Honorable Gerald Lewis
Comptroller
The Capitol
Tallahassee, Florida 32399
Honorable Bob Butterworth
Attorney General
The Capitol
Tallahassee, Florida 32399
Honorable Bob Crawford
Commissioner of Agriculture
The Capitol
Tallahassee, Florida 32399
William Kendrick, Hearing Officer
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
Robert Petri
Emanuel Micelli
104240 US-1 Overseas Highway
Key Largo, Florida 33037
Randy Ludacer, Esquire
Monroe County Attorney
310 Fleming Street
Key West, Florida 33040
Bob Herman
Monroe County Growth
Management Division
Public Service Bldg., Wing III
5825 Junior College Road
Stock Island
Key West, Florida 33040
!J
DOUGLAS M. COOK, Secretary
Florida Land and Water
Adjudicatory Commission
Honorable Jim Smith
Secretary of State
The Capitol
Tallahassee, Florida 32399
Honorable Tom Gallagher
Treasurer
The Capitol
Tallahassee, Florida 32399
Honorable Betty Castor
Commissioner of Education
The Capitol
Tallahassee, Florida 32399
David Maloney, Esquire
Governor's Legal Office
The Capitol, Room 209
Tallahassee, Florida 32399
Steve Pfeiffer, General Counsel
Department of Community Affairs
2740 Centerview Drive
Tallahassee, Florida 32399-2100
Honorable Wilhelmina Harvey
Mayor, Monroe County
500 Whitehead Street
Key West, Florida 33040
U.S. Coastal Construction
7810 River Ridge Drive
Tampa, Florida 33167
Florida Administrative Law Report
Post Office Box 385
Gainesville, Florida 32602
N
STATE OF FLORIDA 1 �•"'` ! / "
DIVISION OF ADMINISTRATIVE HEARINGS
4 .
DEPARTMENT OF COMMUNITY AFFAIRS, ) ,
r
Petitioner, )
VS. )
ROBERT PETRI and )
EMANUEL MICELLI, )
Respondents. )
CASE NO. 90-7004DRI
� - 9a -0 38
ORDER RELINQUISHING JURISDICTION
AND CLOSING FILE
On January 4, 1991, petitioner, Department of Community
Affairs, filed a notice of voluntary dismissal and settlement
agreement in the above -styled matters, true copies of which are
attached hereto. Such action renders these proceedings moot.
Section 120.57(3), Florida Statutes. Accordingly, it is
ORDERED that:
I. This matter is hereby returned to the Florida Land
and Water Adjudicatory Commission for consideration of the
parties' settlement agreement and the entry of an appropriate
final order.
is closed.
2. The file of the Division of Administrative Hearings
o
E
DONE AND ORDERED in Tallahassee, Leon County, Florida,
-r+
this 9 ! day of January 1991.
WILLIAM J. KENDRICK
Hearing Officer
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
(904) 488-9675
Filed with the Clerk of the
Divisi of Administrative Hearings
this V day of January 1991.
Copies furnished:
M.B. Adelson, IV, Esquire
Department of Community Affairs
2740 Centerview Drive
Tallahassee, Florida 32399-2100
Robert Petri
Emanuel Micelli
104240 US1 Overseas Highway
Key Largo, Florida 33037
Randy Ludacer, Esquire
Monroe County Attorney
Monroe County Courthouse
310 Fleming Street
Key West, Florida 33040
David Maloney, Esquire
Florida Land and Water
Adjudicatory Commission
The Capitol - Room 209
Tallahassee, Florida 32399-0001
Case No. 90-7004DRI
a
NJ �91
STATE OF FLORIDA y,�
DIVISION OF ADMINISTRATIVE HEARINGS '���=:<`'c r
1..
DEPARTMENT OF COMMUNITY AFFAIRS,
Petitioner,
V. CASE NO. 90-7004 DRI
Building Permit No. 903-0765, 1 hereby certify that this
issued by Monroe County in the current is a true and
Florida Keys Area of Critical clorrect copy.
State Concern to ROBERT PERTI --1 �� esca�
and EMANUEL MICELLI, 5�
Date:
Respondents. ;
CLERK'S Q FICE, DIVISION OF �
ADMINISTRATIVE HEr:RINGJS
NOTICE OF FILING SETTLEMENT AGREEMENT
and
NOTICE OF VOLUNTARY DISMISSAL
The Florida Department of Community Affairs, by counsel, gives
notice of filing a Settlement Agreement relating to the issue
raised in this appeal, and a Voluntary Dismissal of this action
pursuant to the settlement reached between the parties hereto and
states:
1. In its appeal, the Department addressed certain violations
of the Monroe County Land Development Regulations.
2. Since filing the appeal, the Department and the permit
holders have agreed to additional permit conditions and measures
which resolve the issues appealed.
3. The Settlement Agreement, which has been approved and
signed by all parties, is attached hereto and incorporated by
reference herein and filed herewith.
4. The subject building permit, as modified by the attached
Settlement Agreement, is consistent with the Monroe County Land
Development Regulations, and therefore this appeal should be
dismissed. Each party shall bear its own costs and attorney's fees
in this matter.
WHEREFORE the Department of Community Affairs voluntarily
dismisses Building Permit 903000765 from its appeal filed in this
cause, pursuant to the Settlement Agreement conditions and
stipulations entered into by all of the parties herein, and
recommends that the Florida Land and Water Adjudicatory Commission
adopt the Settlement Agreement as part of its Final Order in this
cause.
Respectfully submitted,
M.B. ADELSON IV, Senior Attorney
DAVID L. JORDAN, Senior Attorney
G. STEVEN PFEIFFER, General Counsel
Department of Community Affairs
2740 Centerview Drive
Tallahassee, FL 32399-2100
(904) 488-0410
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing was sent to the
following list of addressees this .�N day off , 1991.
M.B. Adelson IV
BY INTERAGENCY MAIL:
Honorable Bob Martinez
Governor
The Capitol
Tallahassee, FL 32399-0001
Honorable Bob Butterworth
Attorney General
The Capitol
Tallahassee, FL 32399-0001
Honorable Tom Gallagher
Treasurer
The Capitol
Tallahassee, FL 32399-0001
Honorable Betty Castor
Commissioner of Education
The Capitol
Tallahassee, FL 32399-00001
Honorable Doyle Conner
Commissioner of Agriculture
The Capitol
Tallahassee, FL 32399-0001
Honorable Gerald Lewis
Comptroller
The Capitol
Tallahassee, FL 32399-0001
BY U.S. MAIL'
Wilhelmina Harvey, Mayor
Monroe County Board of
County Commissioners
Monroe County Courthouse
500 Whitehead Street
Key West, FL 33040
Ms. Patti Green
City Manager's Office
Key West City Hall
P.O. Box 1409
Honorable Jim Smith
Secretary of State
The Capitol
Tallahassee, FL 32399-0001
David Maloney, Esq.
Assistant General Counsel
Office of the Governor
The Capitol, Room 209
Tallahassee, FL 32399-0001
Randy Ludacer, Esq.
Monroe County Attorney
310 Fleming Street
Key West, FL 33040
Robert Petri and
Emanuel Micelli
104240 U.S.Highway 1
Key West, FL 33040
Roger Sanders
U.S. Coastal Construction
7810 River Ridge Drive
Tampa, FL 33167
STATE OF FLORIDA-'' `
LAND AND WATER ADJUDICATOR' CpMMISSION
-
IN RE: BUILDING PERMIT NO. 903000765 ,T,.'..N;.;
i Jf
AND ISSUED TO EMANUEL MZCELLI AND """`' ''�� Case No. 90- 700/
ROBERT PETRI BY MONROE COUNTY IN THE
FLORIDA KEYS AREA OF CRITICAL STATE
CONCERN,
CSC;
AGREEMENT
COUNTY Y t;1-T ►'
This Agreement is entered into by Emanuel Micelli and Robert
Petri and the State of Florida, Department of Community Affairs
("DCA"), pursuant to Section 380.032(3), Florida Statutes (1989).
RECITATIONS
This Agreement is based upon the following statements of
fact and of law:
1. Emanuel Micelli and Robert Petri are the owners of
property located in Monroe County, Florida.
2. On July 18, 1990, Monroe County, Florida issued
building permit 9030000765 for three modular replacement units on
their property described as lot 2, Baywood Subdivision.
3. The DCA is the land planning agency of the State of
Florida exercising duties and responsibilities set forth in
Chapter 380, Florida Statutes, including the provisions of
V
Sections 380.05 and 380.0552 applicable to the Florida Keys Area
of Critical State Concern. The DCA has asserted that it has the
authority and responsibility under Section 380.07, Florida
Statutes, to review Permit No. 9030000765 issued by Monroe
County, Florida to Emanuel Micelli and Robert Petri on July 18,
1990 for the construction of three modular units within 45 days
after receipt thereof, to determine whether such Permits comply
with the Monroe County Comprehensive Plan and Land Development
Regulations and Chapter 380, Florida Statutes.
4. On August 31, 1990 the DCA filed a Notice of Appeal
based upon the Department's review of Building Permit No.
9030000765 issued by Monroe County relating to the replacement of
three modular units.
5. The Department filed the appeal for the following
reasons:
a. The Department found that the property is
designated and zoned as Urban Residential (UR). Section 9.5-
262, MCLDR, establishes the allocated density for the UR district
at 6 dwelling units per acre. The applicant has indicated that
the parcel measure .79 acres. As such, the property can only
support 4 dwelling units based on the allocated density.
Therefore, the existing 10 dwelling units are non -conforming uses
or structures in the UR district.
b. Sec. 9.5-143(f), MCLDR, provides that a structure
in which a non -conforming use is located may be restored "...only
for uses which conform to the provisions of the land use district
in which it is located." The reconstruction of this structure
will continue a density of 12.6 units per acre, which exceeds the
6 units per acre allowed by the MCLDR. The subject permit fails
to comply and/or is in violation of one or more of the referenced
standards under existing conditions.
C. The site plan does not adequately address the off-
street parking and drainage requirements in Sections 9.5-351 and
9.5-293, MCLDR.
6. The parties however, desire to amicably settle and
resolve the foregoing dispute by agreement to add conditions to
Permit No. 9030000765 as enumerated in items 2 - 7 below.
NOW THEREFORE, in consideration of the premises and the
mutual covenants hereinafter set forth, the parties hereto agree
as follows:
1. The foregoing recitals are true and correct.
2. The owners agree that the three proposed modular units
as applied for in the subject building permit meet the
requirements for and shall be designated as affordable housing
units described in Section 9.5-266 of the Monroe County Land
Development Regulations.
3. Any further reconstruction or expansion or development
on this property will be reviewed under minor conditional use
standards as prescribed in Section 9.5-68 of the Monroe County
Land Development Regulations.
4. The owner agree and warrant that the rents charged for
the three proposed modular units authorized by Permit No.
9030000765 will be set based upon the standards for moderate
income levels within Monroe County. Any future dwelling units
constructed on this property will have their rents established
based upon the standards for moderate and low-income levels
within Monroe County.
5. The maximum number of dwelling units allowed on this
property at any time will be limited to thirteen units; whether
in detatched or attached dwelling structures.
6. The owners agree to retain all stormwater drainage on
the property. No stormwater runoff will be allowed to enter into
any adjacent waters.
7. The owners will provide fifteen onsite parking spaces
for the seven existing and three proposed dwelling units. Any
further reconstruction or expansion must be consistent with the
off-street parking requirements in Section 9.5-351 MCLDR.
8. AUTHORITY. This agreement is made by DCA pursuant to
its legal authority under Section 380.032(3), Florida Statutes,
and is enforceable pursuant to Section 380.11, Florida Statutes.
9. SUCCESSORS AND ASSIGNS. This Agreement shall inure to
the benefit of and be binding on the successors and assigns of
the parties.
10. EFFECTIVE DATE. The effective date of this agreement
is that date when the last party hereto signs this Agreement.
11. RECOMMENDATION TO FLAWAC. The parties hereto recommend
approval of this Agreement and issuance of a Development Order by
FLAWAC which incorporates the conditions set forth above in
addition to compliance with all other applicable laws and
regulations, including the MCLDRs.
---------------
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IN WITH SS:WHEREOF, the parties have duly executed this
Agreement an agreed to be found by its terms.
Robert Petri Owner
Emanuel ca 1 ,. Owner
T G . PLrYLAX, Secretary•,
Department of Community Affairs,
State o�; Flo ids
By: 41
Attorney, DCl
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Jozx 6tormon
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STATE OF
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MONROE COUNTY
A. LAGA
By
AKamey's Clffir.F
d . and sworn to before me by this 3% �-� •••..
C- 1990 .
a'k�'c TARP PUKUC STAiE 6rKLn ' 'k
ION EXPAffiv1*1R. 2''
of Public $ONDED THRU GEP A,INS. / r
My Commission expires: ? U .00
Subscri ed l and sworn to before me by
day of cm,
NotPublic We" Pubik, Sf &t. ai Fio311z
My 50=ission
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 11/20/91 Division: Growth Management
Bulk Item: Yes No X Department: Planning
AGENDA ITEM WORDING:
A Resolution rescinding Resolution No. 062-1991, which authorized the
Mayor to execute a joint agreement as amended by the Board of County
Commissioners in the appeal by the Dept. of Community Affairs of
Monroe County building Permit No. 9030000765 issued to Emanuel
Micelli and Robert Petri; due to DCA's denial of BOCC amendments to
the agreement.
ITEM BACKGROUND:
On January 29, 1991, the BOCC discussed and modified a settlement
agreement between Monroe County, the Fla. Dept. of Community Affairs,
and Emanuel Micelli and Robert Petri. The item was continued. On
March 12, 1991, the Board adopted the settlement agreement as amended
on January 29, 1991 via Resolution No. 062-1991. On July 23, 1991,
the Dept. of Community Affairs adopted the settlement agreement as
originally written, without amendments approved by the BOCC.
PREVIOUS RELEVANT BOCC ACTION:
On January 29, 1991, the BOCC discussed and modified a settlement
agreement between Monroe County, the Fla. Dept. of Community Affairs,
and Emanuel Micelli and Robert Petri. The item was continued.
On March 12, 1991, the Board adopted the settlement agreement as
amended on January 29 via Resolution No. 062-1991.
STAFF RECO14MI24DATION :
Approval
TOTAL COST: -0- BUDGETED: Yes No
COST TO COUNTY: -0-
APPROVED BY: CountyAttorney X OMB/PurchasingN/A Risk ManagementN/A
DIVISION DIRECTOR APPROVAL:
(Signat re)
PLANNING DIRECTOR APPROVAL: A;�
(S' nat re)
DOCUMENTATION: Included: X To Follow: Not Required:
Agenda Item #:
DISPOSITION:
Planning Department
RESOLUTION NO.
A RESOLUTION RESCINDING RESOLUTION
NO. 062-1991 WHICH AUTHORIZED THE MAYOR
TO EXECUTE A JOINT AGREEMENT AS AMENDED
BY THE BOARD OF COUNTY COMMISSIONERS IN
THE APPEAL BY THE DEPARTMENT OF COMMU-
NITY AFFAIRS OF MONROE COUNTY BUILDING
PERMIT NO. 9030000765 ISSUED TO EMANUEL
MICELLI AND ROBERT PETRI
WHEREAS, on March 12, 1991, the Board of County Commissioners
adopted Resolution No. 062-1991 which authorized the Mayor to
execute a joint agreement as amended by the Board of County Com-
missioners in the appeal by the Dept. of Community Affairs of
Monroe County Building Permit No. 9030000765 issued to Emanuel
Micelli and Robert Petri; and
WHEREAS, on July 23, 1991, the Dept. of Community Affairs
adopted said agreement excluding the amendment of the Board of
County Commissioners of Monroe County, Florida; NOW THEREFORE
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA THAT:
Resolution No. 062-1991 is hereby rescinded.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the day of , A.D., 1991.
Mayor Harvey
Mayor Pro Tem London
Commissioner Cheal
Commissioner Jones
Commissioner Stormont
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
MAYOR/CHAIRMAN
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BY:
DEPUTY CLERK
APPPOlt O AS I FO?M
AND LEGAL fJFFICI--' ICY
C7
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