Resolution 169-2005
RESOLUTION NO. 169 - 2005
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
FOR ADMINISTRATIVE RELIEF MADE BY MILES TEACH
ON THE LOT DESCRIBED AS LOT 27, BLOCK 8, HARRIS
OCEAN P ARK EST A TES, KEY LARGO, REAL ESTATE
NUMBER 00447410.000000. THE RECOMMENDED RELIEF IS
IN THE FORM OF A DWELLING UNIT ALLOCATION
AWARD.
WHEREAS, Miles Teach submitted an application for a building permit allocation under
the Residential Rate of Growth Ordinance (ROGO) in April of2001; and
WHEREAS, the application has been in the ROGO system for at least four (4)
consecutive years; and
WHEREAS, Miles Teach 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 not identified as hammock on the 1986 habitat maps; 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 Harris Ocean Park Estates Subdivision is
not environmentally sensitive; and
WHEREAS, the Monroe County Board of County Commissioners makes the following
findings of fact and conclusions of law:
1) The Miles Teach, Lot 27, Block 8, Harris Ocean Park Estates, ROGO application
received no negative environmental points and one (1) positive environmental point; and
2) Policy 101.6.1 ofthe 2010 Comprehensive Plan and Section 9.5-122.2(f) of the Monroe
County Land Development Regulations provides a mechanism whereby an applicant who
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has not received an allocation award in ROGO may apply to the Board of County
Commissioners for administrative relief.
3) The applicant has been in the ROGO system for three of the 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 Miles Teach, Lot 27, Block 8, Harris Ocean Park Estates,
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 (t) of
the Monroe County Code; and
2. The allocation award shall be taken out of the next quarterly allocation which closes July 13,
2005 (Quarter 4, 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 18th day of May 2005.
Mayor Dixie Spehar
Mayor Pro Tern Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David Rice
Commissioner Murray Nelson
Yes
Yes
Yes
Yes
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