Resolution 215-1991F F' ! r Planning Department
RESOLUTION NO. 215-1991
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 AND EARL AND MARY DAWSON CONCERNING
LOT 19, BLOCK 19, PLANTATION KEY COLONY,
APPROXIMATELY MILE MARKER 90, MONROE
COUNTY, FLORIDA
WHEREAS, Earl and Mary Dawson, hereinafter referred to as
the "Dawsons", are the owners of real property known as Lot 19,
Block 19, Plantation Key Colony, Monroe County, Florida; and
WHEREAS, on September 8, 1990, the Monroe County Building
Department issued building permit No. 9030001460 to the Dawsons
for the construction of a wooden deck and stairway adjacent to
their house on Lot 19, Block 19, Plantation Key Colony; and
WHEREAS, the Florida Department of Community Affairs filed a
Notice of Appeal from the issuance of Monroe County Building
Permit No. 9030001460 alleging that the proposed construction
does not comply with Section 9.5-4 (S-4), setback definition, and
Section 9.5-268, shoreline setback, of the Monroe County Land
Development Regulations; and
WHEREAS, the Florida Department of Community Affairs and the
Dawsons hereto desire to amicably settle and resolve the forego-
ing dispute by agreement; and
WHEREAS, the Florida Department of Community Affairs and the
Dawsons also desire to add the following conditions and modifica-
tions to Monroe County Building Permit No. 9030001460:
1. The Dawsons agree to reduce the size of the third level of
the deck or that portion of the deck that is located in the shore-
line setback, as shown in Exhibit A, attached hereto and incorpo-
rated by reference herein, thereby reducing the third level to a
walkway and steps from the walkway to the dock, no wider than
five (5) feet;
2. The Dawsons agree to remove the steps on three sides of the
third level except for that portion of the steps, no wider than
five feet, leading from the walkway to the dock, as indicated by
the area enclosed by dotted lines in Exhibit A;
3. The Dawsons agree to submit a revised site plan to the
County in accordance with the terms of the settlement agreement;
4. The Dawsons agree to comply with the above conditions with-
in ninety (90) days of the execution of the settlement agreement.;
and
WHEREAS, the staff report by Robert Herman, Director of
Growth Management and Lorenzo Aghemo, Director of Planning, found
that the agreement between the Florida Department. of Community
Affairs and the Dawsons complies with the Monroe County Land
Development Regulations; and
WHEREAS, the Director of Growth Management, the Director of
Planning and the planning staff consider the conditions and modi.-
fications of the settlement agreement to be in the public health,
safety and welfare; and
WHEREAS, the staff report by Robert Herman, Director of
Growth Management and 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 and
the Dawsons;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS
OF MONROE COUNTY, as follows:
That the Board of Commissioners of Monroe County, Florida,
agrees with the recommendation of the Director of Growth Manage-
ment, Director of Planning, and the planning staff that the execu-
tion of this agreement would be in the best interests of the
citizens of Monroe County and we hereby approve and adopt the
agreement between the Florida Department of Community Affairs and
Earl and Mary Dawson; and
That the Mayor is hereby authorized to execute the agreement
between the Florida Department of Community Affairs, Monroe Coun--
ty and Earl and Mary Dawson, 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 executed copies of this agreement between the Florida De-
partment of Community Affairs, Monroe County and Earl and Mary
Dawson to the Florida Department of Community Affairs.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 25 day of June, A.D., 1991.
Mayor Harvey
Yes
Mayor Pro Tem London
Commissioner Cheal
_Yes
_Yes
Commissioner Jones
Yes
Commissioner Stormont
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By t -
MAYOR/CHAIRMAN
(SEAL)
ATTEST: Danny L. Kolhage, Clerk
BY: _
Deputy Jerk
SETTLEMENT AGREEMENT BETWEEN THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS, EARL J. AND MARY DAWSON,
AND THE BOARD OF COMMISSIONERS OF MONROE COUNTY
WITNESSETH
WHEREAS, Earl J. and Mary Dawson, hereinafter referred to as,
the, "Dawsons, " are the owners of certain real property known as Lot
19, Block 19, Plantation Key Colony, Monroe County, Florida; and
WHEREAS, a controversy has arisen between the Department of
Community Affairs, hereinafter referred to as "DCA," and the
Dawsons regarding Monroe County Building Permit No. 9030001460;
and
WHEREAS, DCA has authority pursuant to Section 380.032(3),
Florida Statutes, (1989) to enter into agreements with any
landowner, developer, or governmental agency as may be necessary
to effectuate the provisions and purposes of Chapter 380 or any
rules promulgated thereunder; and
WHEREAS, the Monroe County Board of Commissioners,
hereinafter referred to as, "the County," is the local governing
body within Monroe County; and
WHEREAS, the parties hereto desire to avoid the expense and
delay of lengthy litigation, resolve the controversy, and
establish the conditions of development as expressed in the terms
of this Settlement Agreement;
NOW THEREFORE, in consideration of the mutual covenants
entered into between the parties hereto to be made and performed,
and in consideration of the benefits accrued to each of the
respective parties, receipt of which is hereby acknowledged, it is
covenanted and agreed to as follows:
1. The above representations are hereby incorporated by
reference and are acknowledged to be true and correct.
2. The Dawsons agree to modify the three -level deck by
reducing the size of the third level, or that portion of the deck
that is currently located nearest the canal in the shoreline
setback, as shown in Exhibit A, attached hereto and incorporated
by reference herein. Exhibit A depicts the deck as constructed,
the cross -hatched area indicates that portion of the deck to be
removed. The modification will reduce the third level to a walkway
and steps from the walkway to the dock, no wider than five (5)
feet. The steps presently in place on three sides of the third
level will be removed except for that portion of the steps, no
wider than five feet, leading from the walkway to the dock, as
indicated by the area enclosed by dotted lines in Exhibit A.
3. The Dawsons agree to submit a revised site plan to the
County for modification of the permit in accordance with the terms
of this agreement.
4. The Dawsons agree to comply with the above conditions
within 90 days of the execution of this Agreement.
5. This Agreement shall be filed with the Division of
Administrative Hearings by DCA after execution by the parties and
shall constitute a joint request that the Division continue this
proceeding for a time sufficient to allow the parties to complete
their responsibilities under the Agreement. The Dawsons agree to
notify DCA in writing upon the satisfaction of the above
conditions. DCA agrees to file a Notice of Voluntary Dismissal of
its Notice of Violation within 15 days of receipt of notification.
6. This Agreement becomes effective and binding upon the
parties, their assigns, and successors upon execution.
7. It is expressly understood by the parties that this
Agreement is the entire agreement between the parties hereto and
may be modified only by written instrument executed by the parties.
S. In the event of a breach of this Agreement or failure to
comply with any condition of this Agreement, or if this Agreement
is based on materially inaccurate information, the Department of
Community Affairs may terminate this Agreement or file suit to
enforce this Agreement as provided in Sections 380.06 and 380.11,
Florida Statutes.
9. The Dawsons agree to hold the Department of Community
Affairs harmless from any and all damages or causes of action
which may arise as a result of the filing of the petition
appealing Monroe County Permit No. 9030001460. Each party shall
bear their own expenses, including attorneys' fees.
Executed this day of , 1991.
WILLIAM E. SADOWSKI
DEPARTMENT OF COMMUNITY AFFAIRS
WITNESS
(] /Aj,_l /, /
D(y
STATE OF FLORIDA
COUNTY OF LEON
S"rn to and subscribed before me this day of
`-� 1991.
NO• ,ARY PUBLIC
WITNESS
WITNESS
DATE
J4D ow
STATE OFELQklPA,'
COUNTY OF -LE
Sworn to,and subscribed before me this
1991.
NOTARY PUBLIC
day of
MARY DAW ON
WITNESS
WITNESS
DATE
STATE OF FLBR�DA`�)
COUNTY OF +ION UE )
Sworn to and subscribed before me this day of
✓�f , 1991.
NOTARY PUBLIC
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
//� Depuity
STATE OF FLORIDA )
COUNTY OF MONROE )
MONROE COUNTY
Executed this day of ,
1991.
DATE: JUNE 25, 1991
(BOCC approval)
Sworn to and subscribed before me this riq day of
1991. r
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NOTARY PUBLrC
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