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Resolution 414-2005 RESOLUTION NO. 414-2005 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST MADE BY MARLIN HOLDING, INe. FOR ADMINISTRATIVE RELIEF IN THE FORM OF A DWELLING UNIT ALLOCATION ON THE LOT DESCRIDED AS LOT 14, BLOCK 19, LARGO SOUND PARK SUBDIVISION, KEY LARGO, RE#00470000.000000. WHEREAS, Marlin Holding, Inc. submitted an application for a building permit allocation under the Residential Rate of Growth Ordinance (ROGO) in September of 2001; 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 9.5-122.2(1)(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 points and one (1) 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 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 Largo Sound Park 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 Marlin Holding Inc. application for Lot 14, Block 19, Largo Sound Park 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(1)(6) of the Monroe County Code and Policy 101.6.1 of the 2010 Comprehensive Plan and Section 9.5-122.2(1) of the Monroe County Code provides a mechanism whereby an Page 10f2 applicant who has not received an allocation award in ROGO may apply to the Board of County Commissioners for Administrative Relief; and 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 environmentally sensitive under criteria established by Policy 101.6.5 and Policy 101.6.6 of the Monroe County Year 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 Marlin Holding, Inc. on Lot 14, Block 19, Largo Sound Park in the form of a dwelling unit allocation award, subject to the following conditions: I. 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, (Quarter 2, 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 16th day ofNbvembEHnz.005. ..... <t C lJ.J -' 0::: - c.:t u.. 0 011 ~.-:~ Q w :I: ....I(.)t- 0:: D- o C'i.z a:::. :.:-:;:) 0\ .00 0 ....J ..(,) lI- . >-~ (:) (".) laJ %00 W Q ~., .~ ...J .,.. - lI- - a x: ,CD ... Mayor CharlQs . "Sonny" McCoy Mayor Pro TemMurray Nelson Commissioner George Neugent Commissioner David Rice Commissioner Dixie Spehar Yes Yes Yes Yes Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUN Y, FLORIDA Mayor 1 BY Page 2 of2