Resolution 317-2005
RESOLUTION NO.311-2005
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
FOR ADMINISTRATIVE RELIEF MADE BY JOHN
LANDERS ON THE LOT DESCRIBED AS LOT 4, BLOCK
N/A, PARADISE POINT COVE SUBDIVISION. KEY LARGO,
RE#00514040.000000. THE RECOMMENDED RELIEF IS IN
THE FORM OF A DWELLING UNIT ALLOCATION
WHEREAS, John Landers submitted an application for a building permit allocation
under the Residential Rate of Growth Ordinance (ROGO) in July of 200 I; and
WHEREAS, the application has been in the ROGO system for at least four (4)
consecutive years; and
WHEREAS, the Board of County Commissions (BOCC) has the authority to grant
Administrative Relief under Section 9,5-] 22.2(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 being in the Conservation and Native Area
(CNA), received no negative environmental poi nts and one (J) positive environmental 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
and
WHEREAS, the subject property is not an area of indigenous hammock or pinelands;
WHEREAS, Policy 101.6.5 of the 20]0 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 propeliy, located in Paradise Point Cove 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 John Landers application for Lot 4, Block N/A, Paradise Point Cove subdivision
received no negative environmental points and one (1) positive environmental point;
and
2. The applicants have applied for Administrative Relief under Section 9.5-122.2(f)(6)
of the Monroe County Code and Pol icy] 0] .6. I of the 2010 Comprehensive Plan and
Section 9.5-122.2(f) of the Monroe County Code provides a mechanism whereby an
applicant who has not received an allocation award in ROGO may apply to the Board
of County Commissioners for Administrative Relief; and
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3. The applicant has been in the ROGO system for three of the last four annual
allocations 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 environmental sensitive under criteria established by
Policy 101.6.5 and Policy 101.6.6 of the Monroe County Years 2010 Comprehensive
Plan 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 John Landers on Lot 4, Block N/A, Paradise Point Cove
subdivision 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 of the Monroe County Year 2010
Comprehensive Plan 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 next quarterly allocation which closes October
13,2005 (Quarter 1, Year 14) 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 17th day of AU6ust ,2005.
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Mayor Dixie Spehar
Mayor Pro Tem Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David Rice
Commissioner Murray Nelson
Yes
Yes
Yes
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Yes
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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BY
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Mayor Dixie Spehar
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ATTEST: DANNY L. HOLHAGE, CLERK
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DEPUTY CLERK
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