Resolution 215-2005County Attorney
RESOLUTION NO. 215 -2005
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, APPROVING A BENEFICIAL USE
DETERMINATION RECOMMENDED ORDER UPON THE
APPLICATION OF MERRICK AND SUZANNE KALAN.
WHEREAS, a Special Master has issued a Beneficial Use Determination Recommended
Order upon the application of Merrick and Suzanne Kalan; and
WHEREAS, the Board of County Commissioners must take action on said
Recommended Order; now therefore:
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
1. Authority to Act. Pursuant to Section 9.5-174, Monroe County Code, the Board
of County Commissioners is the authority to approve, deny, or modify a Beneficial Use
Determination Recommended Order issued by a Special Master. The decision by the Board of
County Commissioners shall be made during a public hearing at which the public shall be given
a right to be heard and make arguments for or against the proposed Determination. A duly
noticed public hearing on this matter was held on June 15, 2005.
2. Procedural Findings. The Board of County Commissioners finds from the
record that Special Master John J. Wolfe conducted the Beneficial Use Determination hearing on
October 26, 2004, and said Special Master issued his written Beneficial Use Determination
Recommended Order on March 21, 2005. The Board further finds that the Special Master
conducted the evidentiary hearing in a manner consistent with Article VI, Monroe County Code,
and the Year 2010 Comprehensive Plan. A copy of the Special Master's Recommended Order
and its "Exhibit A" is hereby appended to, and made a part of, this Resolution.
3. Approval and Adoption of Findings of Fact. The Board of County
Commissioners hereby APPROVES the Findings of Fact numbered 1 through 9 as contained in
the Recommended Order and ADOPTS the Findings of Fact as the findings of the Board.
4. Approval and Adoption of Conclusions of Law. The Board of County
Commissioners hereby APPROVES the Conclusions of Law numbered 10 through 13 as
contained in the Recommended Order and ADOPTS the Conclusions of Law as the conclusions
of the Board.
5. Adoption of Proposed Determination. The Board of County Commissioners
hereby DENIES the Proposed Determination and ADOPTS it as the FINAL DETERMINATION
of the Board.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of the Board held on the 15'' day of June, 2005.
U-2
Mayor Spehar
Mayor Pro Tem McCoy
Commissioner Nelson
Commissioner Neugent
-Nssioner Rice
23
I.-cv
RAGE, Clerk
Deputy Clerk
Yes
Yes
Yes
Yes
Yes
BOARD OF COUNTY COM�NIISSIONERS
OF MONROE OUNT FL R U
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By:
Dixie M. Spehar, Mayor/Chairperson
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MONROE COUNTY ATTORNEY
R V D AS TO FORM:
JOHN R. COLLINS
Co,�� Ty TORNEY
Dete �1\1-
BENEFICIAL USE
MONROE COUNTY SPECIAL MASTER
In Re: Merrick and Suzanne Kalan
-Beneficial Use Application
PROPOSED
DENIAL OF BENEFICIAL USE
The above entitled matter was heard at a duly -advertised and regularly scheduled public
hearing on October 26, 2004, before John J. Wolfe, designated Beneficial Use Special Master.
Andrew Tobin represented Merrick and Suzanne Kalan (the "Applicants"). Derek Howard
represented Monroe County and Director of Planning & Environmental Resources, Marlene
Conaway, Beth LaFleur, Planner and Administrative Assistant, Julie Thomson, were present for
Monroe County.
ISSUE
Whether the Applicants have been denied all reasonable economic use of their property due
to the fact that they have not received building permits for their property, and whether the Applicants
are entitled to relief under the Policies of Objective 101.18.5 of the Monroe County Year 2010
Comprehensive Plan (the "Plan"), and Section 9.5-173 of the Monroe County Code (the "Code").
FINDINGS OF FACT
1. The property of the Applicants subject to this Hearing are unimproved lots located in
Cahill Pines and Palms Subdivision, Big Pine Key, and are zoned Improved Subdivision (IS). This
zoning allows one single family residential dwelling and accessory uses for each lot.
2. The Applicants purchased Lot 10, Block 4 (RE # 00244200-000000), in May, 1983 for
$55,000, and the adjoining Lot l 1 (RE # 00244210-000000) for $1.00. The Applicants purchased
Lot 18, Block 4 (RE # 00244280-000000) in July, 1983 for $26,000. Such lots are hereinafter
collectively referred to as the "Lots".
3. All of the Lots are upland lots located on a canal. The shoreline of Lot 10 has been altered
by a seawall. All of the Lots are nearly devoid of vegetation with the exception of some invasive
exotics on Lots 10 and I l and the presence of various native species along the southern property line
of Lot 18 and mangrove fringe on the shoreline of Lot 18.
4. The Applicants applied for building permits and entered the Rate of Growth Ordinance
("ROGO") allocation system on April 18, 1997. All lots on Big Pine Key scores a minus ten points
for critical habitat due to requirements in the Plan to protect the habitat of Key Deer. Thus, Big Pine
Key lots generally enter the ROGO system with relatively low point scores unless the applicant
purchases or combines lots to obtain a higher scoring. The Applicants did not do either. Each Lot
has a total of 18 ROGO points, which includes 10 perseverance points. They received one
perseverance point for each of the first four years in the ROGO system and two perseverance points
for each of the three years thereafter. They will continue to receive two perseverance points per year
as long as they are in the ROGO system.
5. The ROGO system allows applicants to apply for Administrative Relief after being in the
system for four years pursuant to Code Section 9.5-122.2(f). The Board of County Commissioners
conducts a hearing and may as a result of such hearing award an allocation(s) in the next succeeding
quarterly allocation period, offer to purchase the property at its fair market value, or suggest other
relief as may be necessary or appropriate. Applicants applied for Administrative Relief, but did so
one year after the deadline for applying, and thus are no longer eligible to apply for Administrative
Relief..
6. After receiving an allocation, an applicant in the ROGO system must also obtain a nutrient
reduction credit in order to obtain a building permit. Nutrient reduction credits have been in short
supply in recent years, and 95 of the 159 persons who obtained allocation awards did not have
nutrient reduction credits. However, it is anticipated that Monroe County will obtain approximately
200 nutrient reduction credits in the near future with the Little Venice wastewater treatment plan
coming on line in Marathon. These would be handed out on a first come first serve basis.
7. After receiving an allocation award for a property located on Big Pine Key, an applicant
also must obtain a letter of coordination from the U.S. Fish and. Wildlife Service ("USF&W ").
USF&W is not issuing any such letters until it has approved the Habitat Conservation Plan for Big
Pine Key (the "HCP"), which was submitted by the County approximately 18 months ago. Approval
had been expected by the County within 6 months.
8. At the date of the hearing, current allocations were not being made pending resolution of
an administrative hearing for a proposed rule which would restore some of previously lost ROGO
allocations. These allocations had been lost, because the State had determined that the County had
not made sufficient progress in bringing waste water treatment plants on line. The State issued the
proposed rule after recognizing recent progress, but it was appealed by two groups. If approved, It
is expected that allocations which had been lost for the last two years would be restored. The County
is working on an ordinance which would protect the positions in line of persons like the Applicants
due to the delay caused by the appeal of the proposed rule. The last pre -allocation rankings the Lots
received was for the fourth quarter of Year 12 of ROGO and covered the period from April 14, 2004
through July 13, 2004. The pre -allocation rankings were 20, 21 and 22. None of the lots with a
higher pre -allocation ranking for such quarter were located on Big Pine Key.
9. Eight market rate allocations may be issued each year on Big Pine Key. There are 32 which
have been awarded, but no building permits issued, because USF&W has not issued letters of
coordination. The proposed HCP would allow the last two years worth of unissued permits to be
issued.
CONCLUSIONS OF LAW
10. The Improved Subdivision designation of the Lots allows one single family residential
dwelling on each Lot, and there are no environmental constraints to development on the Lots.
I I. Policy 101.18.5 of the Plan provides that neither the provisions of the Plan, nor the
LDR'S shall deprive a property owner of all reasonable economic use of a parcel of real property
which is a lot or parcel of record as of the date of the plan. This policy further provides that a
property owner. may apply for relief from the literal application of applicable land use. regulations
or of the Plan when such application would have the effect of denying all economically reasonable
use of that property, unless such deprivation is shown to be necessary to prevent a nuisance or to ,
protect the health, safety and welfare of its citizens under Florida law. All reasonable economic use
is defined as "the minimum use of the property necessary to avoid a taking within a reasonable
period of time as established by current land use case law".
12. Section 9.5-173 of the Code implements the procedure contemplated by Policy 101.18.5
and provides that in order to establish an entitlement to BeneficiabUse relief, an applicant must
demonstrate that "the Comprehensive Plan and land development regulations" deprive the applicant
of all reasonable economic use of the Lot.
13. Applying the above standard to the facts presented herein, it has to be concluded that the
Plan and the LDRs do not deny the Applicants all reasonable economic use of the Lots. The
Applicants could have filed for Administrative Relief in a timely manner after four years in the
system, but did not do so. Failing that, the ROGO system awards two perseverance points per year
after year four instead of one. This significantly enhances the competitive position of the Applicants
in ROGO. The Applicants also could have combined Lots 10 and 11 for additional points or
purchased one or more lots for dedication and obtained additional points. The County and the State
have agreed upon a Rule to make up for some of the previously lost allocations due to the failure of
the County to adequately address waste water treatment. If this Rule, presently on appeal by two
groups, is upheld, there will be additional allocations available. The County has passed the HCP and ,
is waiting on USF&W to respond. This would free up the letter of coordination requirement. In
addition, if the proposed ordinance goes into effect, the Applicant's positions in line will be
protected by not allowing new applicants to "buy their way" ahead of the Applicants.
PROPOSED DETERMINATION
WHEREFORE, I recommend to the Board of County Commissioners that a final beneficial
use determination be entered denying Applicants' beneficial use applications.
DONE AND ORDERED this 21 st day of March, 2005.
�) 117
John J. plfe,'
Special;/MIaster
Growth Management Division
2798 Overseas Highway
Suite 400
Marathon, Florida 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
MEMORANDUM
To: John Wolfe, Esq., Special Hearing Officer
Board of Counfy Commissioners
Mayor Murray E. Nelson, Dist 5
Mayor Pro Tem David P. Rice, Dist4
Commissioner Dixie Spehar, Dist 1
Commissioner George Neugent, Dist 2
Commissioner Charles "Sonny" McCoy, Dist 3
From: K. Marlene Conaway, Director
Department of Planning and Environmental Resources
Date: October 14, 2004
Subject: Merrick and Suzanne Kalan, Beneficial Use Case
Background on Subject Property
The applicant purchased the subject property in May of 1983 for $55,000. -The property is
legally described as Lot 10, Block 4, Cahill Pines and Palms Big Pine Key, according to the plat
thereof recorded in Plat Book 3 page 94, of the public records of Monroe County. The Real
Estate number is.00244200-000000. The lot is approximately 6,000 square feet. The subject lot
is vacant and zoned Improved Subdivision (IS).
The County Biologist examined the property for environmental status in October 2004. Lot 10 is'
described as an upland lot located on a canal. This lot is nearly devoid of vegetation with the
exception of some invasive exotics along the property lines. The shoreline has been altered with
the installation of a seawall.
Permitting History
The property owners applied for a building permit and entered the Rate of Growth Ordinance
(ROGO) allocation system on April 18, 1997. The permit number is 97-1-591. The property has
a total of 18 ROGO points which includes 10 perseverance points. After they had been in the
system for over four years, the applicant filed for Administrative Relief. The application date for
the Administrative Relief was April 7, 2002, which is one year later than the expiration date of
the allowable time limit for Administrative Relief. No permits have been issued on this property
to date.
Development Potential
Zonine - The improved Subdivision designation of the property allows one single family
elling and accessory uses to be located on the lot. Under the current Land
s EXHI
FolderslLafleer-BethW-Kalan-Cahill-Lot 10.doc
Development Regulations (LDRs), the Improved Subdivision has no Transfer Development
Right value. Since this is an upland scarified lot there are no on site environmental constraints to
development.
ROGO - In response to Objectives 101.5 and 297.7 of the Monroe County 2010 Comprehensive
Plan, which directs the County to implement activities to prohibit the destruction of Key Deer
and to protect its habitat, land development regulations have been adopted that scores a minus
ten (-10) ROGO points for any lot on Big Pine Key. This would decrease the lot's
competitiveness for a ROGO allocation.
Habitat Conservation Plan - A Habitat Conservation Plan was submitted to the U. S Fish and
Wildlife Service (USFWS) for Big Pine Key and No Name Key in April 2003. The HCP permit
application is still under review and the USFWS are not issuing letters of coordination until the
HCP is approved.
Land Acquisition — Policy 207.7.3 and Policy 207.7.4 directs the County to identify key deer
habitat areas as priority acquisition sites and to coordinate programs for acquisition with
federal, state and non-profit conservation organizations. There are currently several active
acquisition programs ongoing on Big Pine Key and No Name Key which are designed to protect
key deer habitat and provide for freedom of movement and access to most areas of Big Pine Key.
Section 9.5-122.3 provides an opportunity for an applicant to dedicate buildable lots to the
County within conservation areas to receive +2 ROGO points.
Big Pine Key and No Name Key Master Plan — The Master Plan has been adopted by the BOCC
and is under final review by DCA. The lot is designated for infill (Tier III) in the Plan.
Eligibility for Beneficial Use
Section 9.5-173 of the Monroe County Land Development Regulations requires the applicant to
demonstrate that the 2010 Comprehensive Plan and the Land Development Regulations in effect
at the time of the filing of the beneficial use application deprive the applicant of all reasonable
use of his or her property. Policy 101.18.5 of the Comprehensive Plan defines "all reasonable
economic use" as the minimum use of the property necessary to avoid a taking within a
reasonable period of time as established by current land use case law.
The subject property is currently in the ROGO allocation system and has been participating in
the permitting process for over four years. The property owner could have made the lot more
competitive for an allocation by purchasing ROGO lots for dedication to the County. The owner
chose not to make the lot more competitive and therefore is not entitled to beneficial use under
Section 9.5-173.
The applicant was eligible to apply for Administrative Relief for the timeframe specified in the
LDRs Section 9.5-122.2(f)(2), however the applicant did not apply during the specified
timeframe. Had the applicant applied, it is likely the applicant would have been granted
administrative relief. However, the Planning Department finds that the applicant has not been
denied all reasonable economic use of this property and is therefore not eligible for beneficial
use determination.
W:IPlanninglWorking FolderslLaJleur-Beth%BU-KaJon=Cahill=Lot 10.doc
Recommendation:
It is recommended that the Special Hearing Officer find that the applicant has not been deprived
of all reasonable economic uses of his property.
cc. Timothy McGarry, Director of Growth Management
Mark Rosch, Monroe County Land Authority
Andrew Tobin, Esq.
Derek Howard, Esq.
4
APPLICATION FORA °
DETERMINATION OF BENEFICIAL USE
$750 00 Application Fee
PART I (PLEASE PRINT)
APPLICANT/OWNER INFORMATION
I. Applicant is: 4 Owner X Authorized Representative
2. Applicant's name: Merrick and Suzanne Kalan c/o Andrew M. Tobin Phone: 305-852-3388
3. Applicant's Mailing Address: P.OBox 620 Tavernier, FL 33070
4. Owner's name (if applicant is not owner): N/A
5. Owner's address: All correspondence should be sent to above mailing address.
6. Attach a copy of the Recorded Deed showing ownership.
7. Attach survey or other legal description (if not part of 6 above).'
PROJECT AND SITE INFORMATION
8. Project/site address: Cahill Drive Big Pine Key, FL
9. RE#: 00244280-000000, #00244200-000000 AND #00244210-000000
10. Legal description (attach metes and bounds description if necessary): Lot 18 Block 4 Cahill Pines and
Palms Plat Book 3 at Page 94 AND Lots 10 & 11 Block 4 Cahill Pines & Palms Big Pine Key, Block
3Page 94
11. Identify the land used district in which the property is located. Attach a map showing the district
boundaries if the property is located in more than one land use district: IS
12. Describe the present use of the property: Vacant
4
13. Document the date the owner acquired the property and the amount paid:
Folio #00244280 000000 Date acquired: 7/8/83 Amt. Raid: _$26,000
Folio #00244200 000000 Date acquired: 5/83 Amt. paid: $55,000
Folio #00244210 000000 Date acquired: 5/83 Amt. paid $1
14. Document the current value of the property: $500,000.
Part U
PLEASE ANSWER THE FOLLOWING:
Explain the reason for your application for Beneficial Use and include any official act by the County
denying you of all reasonable use of your property (describe your expectation for uses of the property):
Per court Order attached.
2. Document any determination of Vested Rights for the property: N/A
3. Document all attempts made to sell the property and the results of those efforts. Attach documentation
in support: None
4. Explain how the criteria identified in Policy '101.18.5, Monroe County Year 2010 Comprehensive Plan
are met. A copy of this policy is attached to this application:
Applicant has been denied all reasonable beneficial use of the property.
NOTARY: APPLICANT'S SIGNATURE
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing signature was acknowledged before me this 3rd day of August, 2004 by Andrew M. Tobin
who has produced a Driver's License as identification
My commission expires:
;:� ► Morten S. Weeks
.; 1 MY COMMISSION 1 DD263740 EXPIRES
November 24 2007
s .,,,f• ,(*jU0mM7R0Y FM MiSUMANM MC
of the County of Monroe in the State of Florida
party of the second part,
31tituearth that the said party of the first part, for and in consideration of
,jkesum of TEN($10.00)---------------------------------------- Dollars,
to him in hand paid by the said party of the. second part, the receipt whereof is hereby
acknowledged, has wanted, barj'ained. and spld to the said party of the second part
his heirs and assigns forever, the following described land, situate lying and bein¢ in
the County of Monroe State of
Florida., to wit:
Lot 18, Block 4, CAHILL PINES AND PALMS, according to the Plat
thereof as recorded in Plat Book 3 at page 94 of the public
records of Monroe County, Florida.
SUBJECT TO taxes for the year 1983 and subsequent years.
SUBJECT TO restrictions, reservations and easements of record,
but this reference shall not operate to reimpose the same.
Ds WadL%7.C'0 D m 1 .2-li- .i
CDC:Cd
By
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And the said party of the first part does hereby 1411y warrant the title.to said land,
and will defend the same adaih-st the lawful claims of all persons whorn.soever.
3n 31tinraa Wiprraf, the said party of the first part has hereunto set his
hand and seal the day and year first above written.
$ignrb�, ira6�lrbanb Brltorrrd in four Virrornrr:
Alfred Joseph J. Puxley
W'tnesses {"�:\ Margar t C. Puxley
Country.of England
Gountg of • 'x
3-lrrrbg (firriifg That on this dart personally nppeared before me, an
officer duly authorized to udrninister oaths and tame acknowledgments,
ALFRED JOSEPH J. PUXLEY and MARGARET C. PUXLEY, his wife
to me well known and known to me to be the individuals described in acid who
executed the foregoing deed, and they acknowled.ed before me that
they executed the same freely and volun.turilt for the jjurpo.ve.R lereira a �r ssed-. r
iltinraa my hand and ofjiei seal at #.�-C
County o �� • 4( , and sc� x�l?CRbtitltdn, this
day of July A. D. 1983Country of England :. ~
My Commission %s*s tl r�
Notary Seal .Notary APu1i
1
qq1
lUitttPSsl t11, Thal the said first finely. for and in consideration of file sum of S 10.00
in hand paid by the sold second Polly, late receipt tuherwof is hereby arwnnu.Iecdfie d, does herrhy rentise, re-
lease and quit-rWat unto the said second Party foreaer, oil flat right, lisle, irllwresl, claim and demand u•hr►t
i
slat said first yorfy' lion to and to Ilse (oiinluing described lot• piece or parcel of Innd, siluale, hying and befllp
.jatilt Cot my of Monroe State of Florida
, to -wit:
This is vacant land and not the homestead of the grantor.
Lots 10 and 11, Block 4, Cahill Pines and Talcs, according to the
713at thereof as recorded in Plat book J, Page 91i of the Puplic
Y.ecords of Monroe County, Florida.
II
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,I dg a,- and to Mold fate samt.lolitlh
hrlmlgininH or er will' nil and sinuun
dor lite appurlrancrs ►lleraunlo I in mtyu•ise nppwrlaining. and all the estate, right, tilde, inl.+rrsf, lien, equity oud claim u,hal- t f
sneer of fair Said first Carl either in lour or equity, to (hw un { d f f y' dy proper use, benefit and bthoof of the said
trron puny Said f i. t 1 i
In tkl:tness u:Ntfrrof, The said irst
t
! party has 31f,rlwfd and srnlyd Ihrl
first ar presents the tiny anti year i bove u,rilterl.
•�rUr srnu� one/ JLrrliverr in presence of : % ��"� [ . �'�............................ 1._ ..:'..�i�� ...L .......��c
r / /
STATE OF FLORIDA.
t COUNTY OF Browara
I HEREBY CERTIFY that on this day, before nw, an
offirer duly autholi,ed in the' State aforesaid and in the County aforesaid to take acknowledgments, personally appeared
Carl W. DeHart and SUZanne P. DeHrrt
to me known to be the prison described in and who executed the foregoing instrument andhe & she acknewtrdged
bclorc me thahP & shtxeruled the same.
IWITNESS ulv hand and official -sea] in die County and Stale • afonsaid this First day of
„ June A. 1). 19 84. y
it r
t"�"-F1p1AkY Ptr"IC STAtt
II MY Con;: ;tat Or nntt.a
E VIJULL� J.n,.V C..c:..s Ina, u\p.
%if lusrnuurrr/ rn•li rfi
t� f f Y Carl W. DeHart -
�� P.O. Bc); 22099, Fort Lauderdale, Florida 33335
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PROPERTY INFORMATION FOR:
Alternate Key: 1312177
RE Number: 00244280-000000
Short RE Number:244280
_ )�ma';�#tis QfaF_• a Ai1l:tbi!s argil.
OWNER OF RECORD
KALAN SUZANNE B
7724 NW 70TH WAY
PARKLAND FL, 33067
PHYSICAL LOCATION
Property Details
PROPERTY MAP
BIG PINE KEY
UNIT NUMBER
LEGAL DESCRIPTION
BK 4 LT IS CAHILL PINES & PALMS BIG PINE KEY PB3-94
OR476-759/76l OR650-439/441 OR828-895 OR886-689 (U/R
M/L ON FILE)VI
SECTION, TOWNSHIP, RANGE
26-66-29
BUSINESS NAME (IF APPLICABLE)
INTERNATIONAL ADDRESS (IF APPLICABLE)
CERTIFIED VALUES (AS OF LAST YEARS
CERTIFIED TAXROLL)
2"2T0
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Short RE Number:244200
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OWNER OF RECORD
KALAN SUZANNE P
7724 NE 70TH WAY
PARKLAND FL, 33067
PHYSICAL LOCATION
BIG PINE KEY
UNIT NUMBER
LEGAL DESCRIPTION
BK 4 LT 10 CAHILL PINES & PALMS BIG PINE KEY PB3-
940R526-369-370 OR720-831 OR879-1170 OR914-2434Q/C
SECTION, TOWNSHIP, RANGE
26-66-29
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IN THE CIRCUIT COURT OF THE 16TH JUDICIAL
IN AND FOR MONROE COUNTY, FLORIDA IRCUIT
SUZANNE KALAN,
Plaintiff,
vs.
MONROE COUNTY, FLORIDA,
apolitical subdivision
of the State of Florida,
Defendant.
I CASE NO. CAP 03-1555
AGREED ORDER
This Cause having come on to be heard before the Court on Defendant's
Dismiss, and the Court having been advised that the Motion to
parties have agreed to the entry of
this order, it is thereupon ORDERED that Defendant, Monroe County shall render a
beneficial use determination as to Lots 10, 11, and 18, Block 4, Cahill
Pines and Palms
within 90 days of the date of this order provided the decisions may be delayed elayed due to the
Board of County Commissioners schedule.
Done and Ordered at Plantation Key, Florida on
2004
cc: Derek Howard, Esq.
Andrew Tobin, Esq.
Page l of l
MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN
BENEFICIAL USE
PROCEDURES AND CRITERIA
Obiective 101.18
Monroe County hereby adopts the following procedures and criteria for the determination of Vested Rights and
Beneficial Use, for the effect of such determinations.
Policy 101.18.5
l . It is the policy of Monroe County that neither the provisions of this Comprehensive
Plan nor the Land Development Regulations shall deprive a property owner of all
reasonable economic use of a parcel of real property which is a lot or parcel of record as
of the date of adoption of this Comprehensive Plan. Accordingly, Monroe County shall
adopt a Beneficial Use procedure under which an owner of real property, may apply
for relief from the literal application of applicable land use regulations of this plan
when such application would have the effect of denying all, economically reasonable
use that property unless such deprivation is shown to be necessary to prevent a
nuisance or to protect the health, safety and welfare to its citizens under Florida Law.
For the purpose of this policy, all reasonable economic use shall mean the minimum use
of the property necessary to avoid a taking within reasonable time as established by
current land use care law.* Adopted pursuant FAC Rule 28-20.100(16)
2. The relief to which an owner shall be, entitled may be provided through the use of one or
a combination of the following:
a) Granting of a permit for development which shall be deducted from the
Permit Allocation System;
b) Granting of use of Transferable Development Rights (TDRs);
c) Government purchase of all or a portion of the lots or parcels upon which
all beneficial use is prohibited. This alternative shall be the preferred
alternative when beneficial use has been deprived by application of Division
8, of the Land Development Regulations;
d) Such other relief as the County may deem appropriate and adequate.
3. Development approved pursuant to Beneficial Use determination shall be
consistent with all other objectives and policies of the Comprehensive Plan and
The Land Development Regulations unless specifically exempted from such
requirements in the final Beneficial Use determination. 'Adopted pursuant FAC Rule
28-20.100(17)
3
TobinLaw@Terranova.net
ANDREW M. TOBIN, PA
Attorney at Law
Post Office Box 620
Tavernier, Florida 33070
Telephone 305-852-3388
July 20, 2004
Land Use & Zoning Law
Environmental Law
Administrative Low
Appellate Practice
Real Estate closings
-JUL 2 6 2004
i
Timothy J. McGarry
Growth Management Director
Monroe County Government Center
2798 Overseas Highway, Suite 410
Marathon, Florida 33050
RE: Merrick and Suzanne Kalan
Lot 18, Blk 4, Cahill Pines & Palms and Lots 10 & 11,
Blk 4, Cahill Pines & Palms, Big Pine Key
Dear Tim:
Pursuant to our telephone conversation this date, enclosed
is our beneficial use application and copy of the court order.
Please schedule the hearing at your earliest opportunity.
Thank you for your cooperation.
Sincerely yours,
Andrew M. Tobin, Esq.
`P10
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PROPERTY INFORMATION FOR:
Alternate Key: 1312177
RE Number: 00244280-000000
Short RE Number:244280
all_ilis utfce about,ihis arcel_
Property Details
OWNER OF RECORD
KALAN SUZANNE B
7724 NW 70TH WAY
PARKLAND FL, 33067
PHYSICAL LOCATION
BIG PINE KEY
UNIT NUMBER
LEGAL DESCRIPTION
BK 4 LT 18 CAHILL PINES & PALMS BIG PINE KEY PB3-94
OR476-759/761 OR650-439/441 OR828-895 OR886-689 (U/R
MIL ON FILE)VI
SECTION, TOWNSHIP, RANGE
2b-66-29
BUSINESS NAME (IF APPLICABLE)
INTERNATIONAL ADDRESS (IF APPLICABLE)
TAXING DISTRICT
100H
CERTIFIED VALUES (AS OF LAST YEARS
CERTIFIED TAXROLL)
1. Next Record
M
PROPERTY MAP
Map Size
O Small * Medium 0 Large
Hide Map
PC CODE
00 - VACANT RESIDENTIAL
BUILDING & LAND INFORMATION WWI
hn'D:/IN'wW-MCDafl.ore/dalacenier/gesrrb/rernrel ac.,
MONROE COUNTY PROPERTY RECORD CARD
ALTERNATE KEY: 1312177 ID: 078 Run:10/01/2004 9:39AM Page:
KALAN SUZANNE B
7724 NW 70TH WAY
PARKLAND FL 33067
PARCEL 00244280-000000
ALT KEY 1312177 MILL
PHYSICAL ADDR:
Business Name:
26-66-29 NBHD 545
GRP 100H PC 00
UNIT:
LEGAL DESCRIPTION --------------------------------------
-----------------------
BK 4 LT 18 CAHILL PINES 6 PALMS BIG PINE KEY PB3-94 OR476-759/761 OR650-439/441 OR828-895 ORS86-689 (U/R M/L ON
FILE) VI
LANDDATA 1 ----------------------------------------------------------------------------------
LINE USE FRONT DEPTH NOTES # UNIT TYPE RATE DEPTH LOC SHP PHYS CLASS JUST VALUE
1 M10C 60 10084 L18 6000.00 SF 1.00 1.00 1.00 1.00
MISCELLANEOUS IMPROVEMENTS ---------------------------------------------------------------
NBR TYPE X NUMBER UNITS TYPE LENGTH WIDTH YEAR YR CONST GRADE LIFE RCN VALUE OEPR VALUE DATE ADDED
BUILDING PERMITS --------------------------------------------
-------------------------------
LINE BLDG NUMBER ISSUE COMPLETE AMOUNT DESCRIPTION
HISTORY OF
TAXABLE VALUES
----------------------------------------------------------------
TAX YEAR
VM
JUST LAND CLASS LND BLDG
MISC/EQIP JUSTVALUE ASSDVALUE
EXEMPT
TAX
VALUE
11/01/1982
1
10152
0
0
0
10152
0
0
10152
11/01/1983
1
16170
0
0
0
16170
0
0
16170
11/01/1984
1
16170
0
0
0
16170
0
0
16170
11/01/1985
1
16170
0
0
0
16170
0
0
16170
11/01/1986
1
18600
0
0
0
1-8600
0
0
18600
11/01/1987
1
18600
0
0
0
18600
0
0
18600
11/01/1988
1
22500
0
0
0
22500
0
0
22500
11/01/1989
1
22200
0
0
0
22200
0
0
22200
11/01/1990
1
30000
0
0
0
30000
0
0
30000
11/01/1991
1
39000
0
0
0
39000
0
0
39000
11/01/1992
1
33780
0
0
0
33780
0
0
33780
11/01/1993
1
39000
0
0
0
39000
0
0
39000
11/01/1994
1
33900
0
0
0
33900
0
0
33900
11/01/1995
1
33900
0
0
0
33900
0
0
33900-
11/01/1996
9
33900
0
0
0
20340
0
0-
20340
11/01/1997
9
33900
0
0
0_
20340
0
0
20340
11/01/1998
9
33900
0
0
0
20340
0
0
20340
11/01/1999
9
33900
0
0
0
20340
0
0
20340
11/01/2000
9
33900
0
0
0
20340
0
0
20340
11/01/2001
9
33900
0
0
0
.20340
0
0
20340
11/01/2002
1
33900
0
0
0
33900
0
0
33900
11/01/2003
1
33900
0
0
0
33900
0
0
33900
SALES HISTORY
----------------------------------------
---------
O.R. O.R.
SALE INSTRUMENT
TRAN
QUAL
VAC
SALE
APPR
CHG
BOOK PAGE
DATE
CODE
UNQUAL
IMPR
PRICE
VALUE
DATE
886 689
7/01/1983 WD
WARRANTY DO
U
unexplain V
26,:000
0
828 895
3/01/1981 WD
WARRANTY DO
0
qualified V
- 20,000
0
650 439
2/01/1971 00
CONVERSIONO
0
qualified V
2,000
0
/
/
6 i
e
fir""-------------�.�—�
M�
ANDREW M. TOBIN, PA
Attorney at Law
TobinLaw@Terranovs.net Post Office Box 620
Tavernier, Florida 33070
Telephone 305-852-3388
July 20, 2004
Land Use A Zoning Law
Environmental Law
Administrative Law
Appellate Practice
Real Estate closings
JUL 21 21M
Timothy J. McGarry
Growth Management Director
Monroe County Government Center
2798 Overseas Highway, Suite 410
Marathon, Florida 33050
RE: Merrick and Suzanne Kalan
Lot 18, Blk 4, Cahill Pines & Palms and Lots 10 & 11,
Blk 4, Cahill Pines & Palms, Big Pine Key
Dear Tim:
Pursuant to our telephone conversation this date, enclosed
is our beneficial use application and copy of the court order.
Please schedule the hearing at your earliest opportunity.
Thank you for your cooperation.
Sincerely yours,
Andrew M.'Tobin, Esq.
IN THE CIRCUIT COURT OF THE 16TH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
SUZANNE KALAN,
Plaintiff,
vs.
MONROE COUNTY, FLORIDA,
a political subdivision
of the State of Florida,
Defendant.
I CASE NO. CAP 03-1555
AGREED ORDER
This Cause having come on to be heard before the Court on Defendant's Motion to
Dismiss, and the Court having been advised that the parties have agreed to the entry of
this order, it is thereupon ORDERED that Defendant, Monroe County shall render a
beneficial use determination as to Lots 10, l l , and 18, Block 4, Cahill Pines and Palms
within 90 days of the date of this order provided the decisions may be delayed due to the
Board of County Commissioners schedule.
Done and Ordered at Plantation Key, Florida on ' 2004
cc: Dcrek Howard, Esq.
Andrew Tobin, Esq.
Page 1 of 1
ANDREW A 'TOBIN, PA
Attorney at Law
Post Office Box 620 '
7'obinla �ten•anovnet Land Use Zamiog Lw
Tavernier, Florida 33070 Environmental Lw
Administretive Law
Telephone 305-852-3388 Appellate Practice
Reel Estate Closings
„
July 5, 2004
Tim McGarry, Director Growth Management
Monroe County Government Center
2798 Overseas Highway
Marathon, FL 33030
Re: Kalan v. Monroe County
Lots 10, 11, and 18, Block 4. Cahill Pines and Palms PB3194
Permit No.'s 97-1-0591; 97-1-0592; 97-1-0593
Dear Tim;
As you will recall, after four years in the ROGO queue -the Kalans sought
administrative relief only to be informed they had missed the filing window. After
filing an action for inverse condemnation, the County agreed to render a timely
beneficial use decision.
I am taking this opportunity to alert you to the Agreed Order because of the
short deadline imposed by the Court. I am also enclosing a copy of the Agreed Order
and the application for Administrative Relief for your reference.
Would you please let me know when you expect to schedule the hearing.
Thank you for your cooperation.
Sincerely yours,
Andrew M. Tobin, Esq.
cc: Marlene Conaway, Planning Director
M
/ 1 r
wb� n
FAX TRANSMITTAL FROM
ANDREW M. TOBIN, PA
Attorney at Law '
Post Office Box 620
Tavernier, Florida 33070
Telephone 305-852-3388
t-obinlaw&erranova.net
To: Tim McGarry_
To: Marlene Conaway
To:
Fax: 289-2536
Fax: 289-2536
Fax:
To: Fax:
Re:
Cc: Fax:
No. of Pages A q Date: July 6, 2004
Message: Please make copies and deliver to botb Tim and Marlene. Thank you.
t • 1
iR
APPLICATION FOA.
ADMINISTRATIVE RELIEF
Applicant is: M Owner O Authorized Representative
Applicant's name: Suzanne P. Kalan Phone: (954) 753-5963
Applicant's mailing address: 7724 N.W. 70th Way
Parkland, Florida 33067
Owner's name (if applicant is not owner):
Owner's address:
Phone:
(Please attach a statement authorizing representation of this application by
someone other than yourself. The state should read: '
"I, (owners's name) authorize (individual you are authorizing to represent you)
to represent my property for this application for Administrative Relief."
RE#: Building Permit Applications on _Big Pine Kev, Florida
Legal description (attach metes and bounds description if necessary): Block 4 lot 10
Block 4 lot 11, Block 4 lot 18 Cahill Pines and Palms, Big Pine Key
Permit #: 97-1-0591, 97-1-0592, 97-1-0593
Date of most recent ROGO application: 1997
What kind of administrative relief are you seeking?: I am seeking the right to
utilize my three lots for residential building
Additional comments: These lots were purchased in 1983, situated in a well
established residential area. Building homes on these lots would have no adverse
affect on the environment.
NOTARY:
STATE OF FLORIDA p licant's Signature
COUNTY OF
The foregoing signature was acknowledged before me this o1 t day of
ct r- c- l,.-
who is personally known tome or who has produced r+✓{ f-s
O as identification.
My commission expires:
Signature of Notary Public; State of Florida
FOR DEPARTMENT USE ONLY
DME S. cLMK Date of filing with Planning
�MY Comm Ems. 4/11l05 Director.
No. DD 017307
! 1 Persa sf y Krv�wn I.D. a`--
�.
AR8196LF
MONROE COUNTY PROPERTY RECORD CARD
ALTERNATE KEY: 1312096
Run: 8/09/2002 11:29AM Page: 1
KALAN SUZANNE P
7724 NE 70TH WAY
PARKLAND FL 33067
PARCEL 00244200-000000 26-66-29 NBHD 545
ALT KEY 1312096 MILL GRP 100H PC 00
PHYSICAL ADDR:
Business Name:
LEGAL DESCRIPTION -------------------------------------------------------------
SR 4 IT 10 CAHILL PINES & PALMS BIG PINE KEY PB3-94OR526-369-370 OR720-831 ORS79-1170 OR914-2434Q/C
UNIT:
LANDDATA 1.5 ---------------------------------------------------------------------------=------
LINE USE FRONT DEPTH NOTES ZONING # UNIT TYPE RATE DEPTH LOC SHP PHYS CLASS JUST VALUE
1 M10C 60 10OB4 L10 IS 6000.00 SF 1.00 1.00 1.00 1.00
MISCELLANEOUS IMPROVEMENTS ---------------------------------------------------------------
NBR TYPE X NUMBER UNITS TYPE LENGTH WIDTH YEAR GRADE LIFE RCN VALUE DEPR VALUE
1 SW2 1 160.00 SF 80.0 2.0-1981 4 60
2 DK3 1 320.00 SF 80.0 4.0 1981 4 60
BUILDING PERMITS --------------------------------------------------
-------------------------
LINE BLDG NUMBER ISSUE COMPLETE AMOUNT DESCRIPTION
HISTORY OF
TAXABLE
VALUES
TAX YEAR
VM JUST LAND CLASS
11/01/1982
1
10152
11/01/1983
1
16170
11/01/1984
1
17787
11/01/1985
1
17787
11/01/1986
1
18600
11/01/1987
1
18600
11/01/1988
1
13980
11/01/1989
1
13800
11/01/1990
1
30000
11/01/1991
1
39000
11/01/1992
1
33780
11/01/1993
1
39000
11/01/1994
1
33900
11/01/1995
1
33900
11/01/1996
9
33900
11/01/1997
9
33900
11/01/1998
9
33900
11/01/1999
9
33900
11/01/2000
9
33900
11/01/2001
9
33900
SALES HISTORY
----------------------------------------------------------------
LND
BLDG
MISC/EQIP
JUSTVALUE
ASSDVALUE
EXEMPT TAX
VALUE0
0
2022
12174
0
0
12174
0
0
2282
18452
0
0
18452
0
0
2234
20021
0
0
20021
0
0
2187
19974
0
0
19974
0
0
2164
20764
0
0
20764
0
0
2290
20890
0
0
20890
0
0
2238
16218
0
0
16218
0
0
2492
16292
0
0
16292
0
0
2434
32434
0
0
32434
0
0
2377
41377
0
0
41377
0
0
2349
36129
0
0
36129
0
0
2291
41291
0
0
412-91
0
0
2234
36134
0
0
36134
0
0
2205
36105
0
0 -
36105
0
0
2148
_ 22488
0
0
22488
0
0
2091
22488
0
_
0
22488
0
0
2062
22488
0
0
22488
0,
0
2005
22345
0
0
22345
0
0
1947
22287
0
0
22287
0
0
7075
27415
0
0
27415
O.R.
O.R.
SALE
INSTRUMENT TRAN
QUAL VAC
SALE
APPR'
CHG
BOOK
PAGE
DATE
CODE
UNQUAL IMPR
PRICE
VALUE
DATE
879
1170
5/01/1983
WD WARRANTY DO
M multiple I
55,000
0
/ /
720
831
2/01/1973
00 CONVERSIONO
0 qualified I
2,000
0
/ /
'ROE COUNTY GROWTH M U1AGE2Mr -SION
5100 Junior College Road ` _
Key West, Florida 33040
Key West: (305) 292-4400, Marathon: (305) 289-6031, Plantation Key: (305) 852-7100
PLEASE PRINT AND ATTACH A SHEET OF PAPER IF ADDITIONAL SPACE IS NEEDED. IF. YOU" QUES-
TIONS, OR WISH TO MAKE AN APPOINTMENT TO DELIVER YOUR APPLICATION, PLEASE CALL THE GROWTE
MANAGEMENT OFFICE CLOSEST TO YOUR PROJECT. PLEASE REALIZE ONCE THIS APPLICATION IS ACCEPT
ED AND DEEMED COMPLETE, REVISIONS WILL ONLY BE ACCEPTED IF A NEW APPLICATION IS SUBMITTED.
OWNER'S NAME &2 ajaA C<Aalea PH : (W�
STREET ADDRESS: kWRZ2E�ZlSTAT ZIP
AGENT'S NAME: PH: (W) (H)
STREET ADDRESS: �J�. �• �( eJ1/2— STATE r-y— ZIP
PROPERTY DESCRIPTION: Key STREET
RE NUMBER (S) / I]:, 4yooU SUBDIVISION:
PLAT BOOK __3_ PAGE LOT l BLOCK SECTION CK / TOWNSHIP RANGE
IF METES AND BOUNDS, ATTACH LEGAL DESCRIPTION ON SEPARATE SHEET.
NUMBER OF UNITS: MOBILE HOME HOUSE ,0j_ HOTEL RV LIVEABOARD OTHERS I
PLEASE CK THE STATEMENTS APPLICABLE TO YOUR PROPOSAL AND ATTACH THE REQUESTED DOCUMENTS.
1) The project is combining contiguous lots in a legally platted subdivision witl
water, electricity, and paved roads or is otherwise below density. Please attact
a copy of a proposed restrictive covenant limiting the number of units on the
property and running in favor of and enforceable by the County.
2) The unit(s) will be affordable housing. Please attach the completed affordable
housing application.
3) The proposal includes dedication of vacant, buildable land located in areas pro-
posed for acquisition. Please list the RE #(a) of the land to be dedicatee
and attach a proposed statutory warranty deed.
I CERTIFY: 1) I HAVE READ AND EXAMINED THIS APPLICATION INCLUDING ATTACHMENTS AND ,KNu'n
SAME TO BE TRUE AND CORRECT. 2) ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPI.
WORK ARE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT, INCLUDING THE PROVISIONS OF LOCAL,
STATE OR FEDERAL REQUIREMENTS REGULATING CONSTRU ON OR E PERFORMANCE OF CONSTRUCTiOr
AND 3) TIME PERIODS FOR COUNTY ACTION SET FORTH IN SECTI N 9. -113 OF'THE COUNTY CODE ARE
HEREBY WAIVRD. n /
Signature of Notary .•,�•., ROYCEANNCn24!.2=;:
Lature of A licant ate
MY COMMISSIMnow
Printed Name: a • ` EXPIRES: Sepw
Commission Number:
Commission Expires:
c/ (SEAL)
Subscribed and orn to befo e this / d day of r 19�i, he/she nakno lly to me or has produced ,
as identi ication and who did (did not) take an oath.
TO BE COMPLETED BY STAFF
RECEIVED BY s7e S DATE R/ //f`•`77 DEEA56 COMPLETE BY DATE PMT#
form: TXTROGO.26S/TXTDR September 21, 1992
BOAR'—'OUN'TY COMMISSIONERS
rpe County, Florida
No 5 6 30
OFFICE . e,�_ _ _FLORIDA
RECEIVED from------ ..__ _c:s._._.._ �- A_�i_��04,-A-------- ------------------- Date ...... -- '�'�Z----------- 19 - --�
FOR:--------�--------------------------------------------------------- ,lG'`i�1----------------------------------------------------------- $--------l�D�-----------1
_.-- t:?_:_-_1,--=-::.:----------------- $------------------- --...........
----- -
-------------------- 7----------------------------------------------------------------------------------------------------- $--------------------------Y............
---------------------------------..-------------- OFFICER
BY------------------ �-�---=----------------------------- TOTAL $ ._..--- _------------------::::::::::
ALEXIS COLICCHIO 1134 k
D/B/A L B SERVICES ESCROW ACCOUNT '
P.O_BOX 420112 63-9 M70
JMEURLAND.,11EY, FL 33042 BRANCH 70PA
-----DOLLAR-;Ile
Your Community Bank
Big Pine Key, FL 33043
aslair,
1:06 7009 2B04 70 740 4 5 i io'06 1 l 34
---
ANDREW M. TOBIN, PA
Attorney at LaW
Post Office Box 620' land Use% Zoning Law
T°b�nla..gTerran°va.net Tavernier, Florida 33070 Environmental Law
Administrative Law
Telephone 305-852-3388 Appellate Practice
Real Estate Closings
April 2, 2002
Julia Thomson, Administrative Assistant
Monroe County Board of County Commissioners
2798 Overseas Highway,' Suite 400
Marathon, Florida 33050
Re: Administrative Relief for Merrick & Suzanne Kalan
Dear Ms. Thomson:
Pursuant to your request, please find enclosed the completed Application
for Administrative Relief from the Kalans. Please schedule this matter as
quickly as possible.
Sincerely yours,.
Andrew M. Tobin, Esq. kin '
t
3/26/02
To Whom It May Concern:
1, Suzanne Kalan authorize Andrew M. Tobin, PA Attorney At Law to represent my
property for this application for Administrative Relief.
A`r'cantl's Signature
-7 coo G-►+-�-� / /c�..l-mot,
��`^', � �,� � DSO • � 9 S- �� -- � y2. o
giJ
D1ANE S. Exp. 4)iMy Comm Exp. 4/l I/OS
1 I PefteMAN Wrown p". J.D.
- BUILDING PERtKIT AI.I,p�TION SYSTEM -
SUMMARY SCORING SHEET
APPLICANT: --Lai
�,�
RE:
FINAL REVIEW By:
MOST RECENT ROGO APPLICATION DATE: DATE.
BUILDING
POINTS
1 • Win ad 130 Scored by; ••�� � -
2. Windload 155 mph or greater
3. Where FKAA connection 1 Point /
a. Ultra -low volumen is available: 1 Point
b•; ixtures
Cistern/reverse osmosis
facility osmosis 1 Point,
9• HVAC energy1 Point _
5• Energy rating of 12 or greater ---
6. 9Y performance Index 70 or lower 1 Point
Where FKEC or CES available:
alternative electricity 1 Point 1
7. Elevation 13 inches above bfe
8. -CBRC 1 Point !
9• Coastal Hi 1 Point
V zone High Hazard Area: -10 points ---i---
A zone
X zone - 6 Points
1 points _
1 Point �---
Building Department S —� ENVIRONMENTAL RESOURCES Subtotal:
10. W ldli a habitat; POINTS Scored by: ti►VLi�-
species in known habitat
--0- x -10 points =
# species in probable/potential
--�_x -5 points a �—
# species in wide range--=�
v x -2 points a
100 ft. from turtle �-
500 ft. fromnesting
11. Critical Habitats
Piping Plover -10 Points L,
BPK, No Name, Ohio-10 Points
Key Deer Priority.' NKL _ --�--
CAR or Coupon ghtor II -10 Points
12. Habitat Groups: g -10 Points
Group q; -10 points_
Group 3;
Group 2: -10 points
Group _1: ' -5-Points
Multiple -2 points
1 Point
Environmental Resources. Subtotal:
PLANNING POINTS
13• P atte Scored by;
14. Acreage with
infrastructure 10 points
15. Lot aggregation-
# lots x 3 points 5 Points
16. Acreage Density
17. Affordable reduction (2,9 or 6
18. Land dedication:sinpoints)
# lots/acre 5 points
19• Perseverance p x 2 =
# full tents:
years in system:
1 point/year for 13t
20, 2 Points/year ever 9 Years
Zoned Offshore Y Year after q
21. TDRs: per full Island
(no partial creel t)used
-10 points
1 Point
Planning Department
Subtotal: —_
•ram., ,. � q N1�
JAE N
FINAL REVIEW BY
DATE
MOST RECENT ROGO APPLICATION DATE:
ssasssassasas �' w'I
sss
• Ru ldin De artment ssasaasassaaasssaasssaaa :saa
1 _ Scoredb assssssaaa
i oad ;130mph or Y
indload
greate�r,��Nineer
Ph or
155m
greater.(en
3) Where FK 9 neer required!),,.{+1}(
A connection is available: 14) (2)
A) l ra'lpw volume fixtures „
3 Cieter reverse facility �) (3A)
4) VA ever ility.............{+1}(
9Y rating of 12 or (38)
Performance 9reater....,1�,,,,,,{+1}
5 ) nergY PErfo a Index of 70 or lower. , i
1-1
( 4 )
�.�
VA/1,
�(with S �ernative elect. (wiOE
or List systems: FK EC connect)....•{+1}(__L) (6)
.41
E vation >lft. above bfe or with _ in X zone. ,
F/C,
- Building Department EZ3Total.,,,•••••,• .
i.EnvironMental R " (ST)
esources Dept. Scored by jp,
I Wildlife
Known Probable see 9.5-122.1(7)}(�) (e).
Habitat wide range
group........ �
Group 1' •••••.{see 9.5-122,1(6 l
Group 2 )}(_ ) (9)
Group 3 Group 4
Environmental �
_ Resources Total.........
t• Plannin � (ST)
De artment
Scored by
Plat S
subd. with wate '
r. elect. , and paved road„ • {+10
Contfguous lots combined....(BOC }UQU (10)
Acreage with water, elect. C!}{see 9.5-122.1(3)}() (11
_ and paved )
Acreage tract road........ +5 dens. reduct.. BOCC! { }(_p ) (12)
Affordable houetng.,••••- ( ){see 9.5-122.1 8
( ))( �► ) (13)
Ded-ication of vacant. " •(BOCCI){see _
land...(BOCC! 9.5 122.1(4)}( �,
(14)
�PPlication on file ){Bee 9.5-122.1(5)}(-0
Application on file for more than -15)
Application on file for more than 1 Year......... +
for more than 3 Yea=B...::••.{+1}('n -j �16)
17)
Planning De ...{+1}(�)
Per'tment (18)
Total ROGO UIPScore,,..,,
G0.26V/TXTDRDECEMBER 16,
'() (TOT)
. 1994
BUILDING PERP'T AMOCATIQN SYSTEM - $VMMr?Y rORING SHEET
APPLICANT: FILE#
RE# ,UV !.�
FINAL REVIEW BY SAS DATE
MOST RECENT ROGO APPLICATION DATE: :Y 14- "12 / p ; 3 f
Department Scored by
1 i oad 130mph or greater.(engineer requir dl)... {+1}() (1)
indload 155mph or reate�r.(engineer uired!) ... f+l
3) Where FK A connection is available:
1 ra-low volume fixtures ....................{+l}( �) (3A)
�� a6z0
Cister reverse osmosis facility ............. {+1}(�) (35)
4) VA energy rating of 12 or greater ..... :....... {+1)(�) (4)
5). nergy Performance Index of 70 or lower.. (5)
6) A ernative elect. (with CES or FKEC connect) ..... {+1}(�) (6)
List systems:�,�
7) E vation >lft. above bfe or within X-zone........ {+1}(�) (7)
Building Department Total.............. (ST)
II.Environmental Resources Dept Scored by ,
-•,
8) Wildlife habitat....................(see 9.5-122.1(7))( C) (8)
Known Probable Wide range ,\
_ 9) Habitat group ....................... see 9.5-122.1 6 �)
Group 1 Group 2 Group 3 Group 4
Environmental Resources Total......... (ST)
III. Plannina Depar� tme t Scored•by
lb) Plat subd. with water, elect.,.and paved road...{t10}(10)
11) Contiguous lots combined.-...(BOCCI){see 9.5-122.1(3))( z ) (11)
12) Acreage -with water, elect-. and paved road ........ {+5}(12)
13) Acreage tract dens. reduct..(B000I){see 9.5-122.1(8)}( ) ) (13)
14)
Affordable
housing ..........
(BOCCI){see
9.5-122.1(4)}( 17)
(14)
z 15)
Dedication
of vacant land ...
(BOCCI){see
9.5-122.1(5)}(_0
(15)
16)
17)
Application
Application
on file for more
on file for more
than 1 year
2
......... {+1)( 0
(16)
18)
Application
on file for more
.than years ........ (+1)( e) )
than 3 years ........ {+1}()
(17)
(18)
Planning Department Total
............. Ip
(ST)
Total ROGO
Score....... ()
(TOT)
TXTROGO.26V/TXTDRDECEMBER 16, 1994