Resolution 170-2005
RESOLUTION NO. 170 - 2005
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
FOR ADMINISTRATIVE RELIEF MADE BY JUAN AND
CARLOS ESCAR ON THE LOT DESCRIBED AS LOT 7,
BLOCK 8, WINSTON WATERWAYS NO.2 SUBDIVISION,
KEY LARGO, REAL ESTATE NUMBER 00547211.002500.
THE RECOMMENDED RELIEF IS IN THE FORM OF A
DWELLING UNIT ALLOCATION AWARD.
WHEREAS, Juan and Carlos Escar have submitted an application for a building permit
allocation under the Residential Rate of Growth Ordinance (ROGO) in January of2001; and
WHEREAS, the application has been in the ROGO system for at least four (4)
consecutive years; and
WHEREAS, Juan and Carlos Escar have 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 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, 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 ofthe vegetative habitat on the lot; and
WHEREAS, the subject property, located in Winston Waterways No.2 Subdivision is
not environmentally sensitive;
WHEREAS, the Monroe County Board of County Commissioners makes the following
findings of fact and conclusions oflaw:
1) The Escar property, Lot 7, Block 8, Winston Waterways No.2 Subdivision, ROGO
application received no negative environmental points and one (1) positive environmental
point; and
2) Policy 101.6.1 of the 2010 Comprehensive Plan and Section 9.5-122.2(f) ofthe 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 Cdun-ry
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 Juan and Carlos Escar for Lot 7, Block 8, Winston Waterways
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 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
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