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02/11/1998 Agreement " Dannp I. Itolbagt BRANCH OFFICE 3117 OVERSEAS ffiGHWAY MARA mON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNlY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM TO: Bob Hennan Director of Growth Management Attention: Rich Flowers, Planning Department FROM: Ruth Ann Jantzen .,/i,/la.. Deputy Clerk / DATE: March 2, 1998 If At the February 11, 1998 County Commission Meeting, the Board granted approval and authorized execution of a Memorandum of Understanding between Monroe County and Florida Department of Community Affairs, establishing guidelines for the approval of single family residential building permits to ensure that no separate independent living areas are created which are not in compliance with the Land Development Regulations. Enclosed please find five duplicate originals of the above M.O.U.,executed on behalf of Monroe County. Please be sure that a fully executed duplicate original is returned to this office as soon as possible. If you have any questions regarding the above, please do not hesitate to contact this office. cc: County Attorney Finance County Administrator, w/o document File .. MEMORANDUM FROM: Belle Desantis, Clerk's Office ~r~ Rich F1o~ing Department TO: RE: DCA/Monroe County Memorandum of Understanding DATE: February 12, 1998 Belle, forwarded herewith are five duplicate originals of the Memorandum of Understanding between the Department of Community Mfairs and Monroe County, pertlining to accessory dwelling units. This Memorandum of Understanding was approved by the Board of County Commissioners at their regular meeting yesterday, February 11, 1998. Once signed by the Mayor, please return all originals to me for forwarding to DCA in Tallahassee for their signatory action. Once received back from DCA, I will return three completed originals to you (one each for your office, the Attorney's office and Finance). Thank you for your assistance in this matter. cc: Robert Herman, Growth Management Director Timothy J. McGarry, Planning Director G\CO(~ '? DCA MOU to Clerk.doc County of Monroe Planninll Deoartment 2798 Overseas Highway Suite 410 Marathon, Florida 33050 Voice: (305) 289 2500 FAX: (305) 289 2536 Board of County Commissioners Mayor Jack London, Dist. 2 Mayor Pro Tern Wilhelmina Harvey, Dist. 1 Commissioner Shirley Freeman, Dist. 3 Commissioner Keith Douglass, Dist. 4 Commissioner Mary Kay Reich, Disl 5 March 3, 1998 Mr. Charles G. Pattison, Director Division of Resource Planning and Management Florida Department of Community Mfairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 RE: Memorandum of Understanding Between Monroe County and Florida Department of Community Mfairs Dear Mr. Pattison: At the February 11, 1998, County Commission meeting, the Board granted approval and authorized execution of a Memorandum of Understanding between Monroe County and Florida Department of Community Affairs, establishing guidelines for the approval of single family residential building permits to ensure that no separate independent living areas are created which are not in compliance with the Land Development Regulations. Enclosed please find five duplicate originals of the above M.O.U., executed on behalf of Monroe County. When signed on behalf of the DCA, please ensure that three fully executed duplicate originals are returned to this office as soon as possible. DCA MOD to Pattison.doc , Mr. Charles G. Pattison March 3, 1998 Page 2 If you have any questions regarding the above, please do not hesitate to call. TJM/rf cc: County Attorney County Administrator Growth Management Director Clerk of the Court Finance File DCA MOU to Pattison.doc f;)eftu / f2uM ~ 11fT Growth Management Division 2798 Overseas Highway Suite 400 Marathon, Florida 33050 Voice: (305) 289-2500 FAX: (305) 289-2536 Board of County Commissioners Mayor Jack London, Dist. 2 Mayor Pro Tern Wilhelmina Harvey, Dist. 1 Commissioner Shirley Freeman, Dist. 3 Commissioner Keith Douglass, Dist. 4 Commissioner Mary Kay Reich, Dist 5 April I, 1998 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Michael D. McDaniel Growth Management Administrator Florida Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 RE: Memorandum of Understanding Accessory Dwelling Units Dear Mr. McDaniel: Please fmd enclosed five (5) duplicate originals of the Memorandum of Understanding (MOU) between the Department and Monroe County which establishes guidelines for the approval of single family residential building permits to ensure that no separate independent living areas are created which are not in compliance with the Land Development Regulations. This MOU was approved by the Board of County Commissioners on February 11, 1998 and was originally transmitted to Mr. Pattison on March 3, 1998. If the. five documents transmitted on that date are located in the future, please destroy them. Please have the attached documents sign on behalf of the Department and return three (3) fully executed originals to this office as soon as possible. Thank you for your assistance. Sincerely, ~oJut; .j, /2tA'L Isabel T. Reid, Senior Administrative Assistant Growth Management Division 1 Enclosures (5 original documents) cc: James L. Roberts, County Administrator James T. Hendrick, County Attorney Robert L. Herman, Director of Growth Management Timothy J. McGarry, Director of Planning Anto ' rli, Sr. Administrator, Development Review e le DeSantis, Deputy Clerk Ty Symroski, DCA,Marathon 2 MEMORANDUM TO: Ruth Ann Jantzen, Deputy derk FROM: Isabel Reid, Senior Administrative Assistant Growth Management Division ~ DATE: April 20, 1998 RE: Memorandum of Understanding with DCA Accessory Dwelling Units Attached please find a fully-executed original of the Memorandum of Understanding between Monroe County and the Department of Community Mairs which was approved at the February 11, 1998 Board of County Commissioners' meeting. I am also fOlwarding an original to the County Attorney for his files. lir Enclosure Cc: James L. Roberts, County Administrator (w/o document) James T. Hendrick, County Attorney Robert L. Herman, Director of Growth Management Timothy J. McGarry, Director of Planning Antonia Gerli, Sr. Administrator, Development Review Ty Symroski, DCA, Florida Keys Field Office MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN DEPARTMENT OF COMMUNITY AFFAIRS AND MONROE COUNTY THIS MEMORANDUM of Understanding is being entered into by and between the Florida Department of Community Affairs (DEPARTMENT) and Monroe County (COUNTY) to provide better coordination between the DEPARTMENT and the COUNTY in the implementation of provisions of Chapter 380, Florida Statiess.~m"e"" $(")~ .. f;; Monroe County Year 2010 Comprehensive Plan and land development r~n~ ~ 0('")' N <:) C:::O -".. ::0 I. Witnesseth. ~. 6 l: ::0 (").- -- I"T1 :<:-t::I: 6 C") WEREAS, the COUNTY has been declared an Area of Critical Sta~C~cE\C8 g ?>> m _ c pursuant to sections 380.05 and 380.0552, Florida Statutes, and has adopted a comprehensive land use plan and land development regulations, approved by the State as required by law; and WHEREAS, the COUNTY is required to issue development orders only in conformity with its approved comprehensive land use plan and land development regulations, and WHEREAS, the DEPARTMENT is authorized to appeal any COUNTY development order to the Florida Land and Water Adjudicatory Commission if the DEPARTMENT determines that the development order was issued in error; and WHEREAS, due to a difference in interpretation between the DEPARTMENT and the COUNTY, the COUNTY has been issuing building permits deemed by the DEPARTMENT, as inconsistent with the intent of the provisions of the Monroe County 1 Year 2010 Comprehensive Plan and Monroe County Code regulating accessory dwelling units; and WHEREAS, the DEPARTMENT and COUNTY desire to enter into this Memorandum and amicably resolve their differences of interpretation; and WHEREAS, the COUNTY recognizes that proper administration of its comprehensive land use plan and land development regulations reduces the need for intervention by the DEPARTMENT, and both parties agree to pursue the goal of removal of the Area of Critical State Concern designation in accordance with Section 380.0552, Florida Statutes; and WHEREAS, the DEPARTMENT and the COUNTY do mutually agree as follows: 1. The Monroe County Building Department shall only approve and issue building permits for those project designs identified as "YES" on the matrix entitled "Guidelines for Approving Additions That Do Not Create an Additional Dwelling Unit" attached hereto as Attachment "A". 2. Any project design which does not clearly fall within the descriptions set forth in the matrix shall require approval by the Director of Planning (or the Development Review Senior Administrator), after consultation with the DEPARTMENT's Planning Manager for the Field Office. 3. An "unlockable internal connecton" shall be defined as an "open wall." A door or doorway shall not be included in the definition of "unlockable internal connection." 2 4. A "wet bar" shall be defined as "a food or drink preparation area limited to a total counter surface area of 16 square feet (including a sink with design limitations of one bin and limited to one (1) square foot in size) with electricity limited to 110 volt service." II. Modifications. Modifications to this Memorandum of Understanding shall only be valid when they have been reduced to writing and duly signed by each of the parties hereto. III. Termination of Memorandum. Either party may terminate this Memorandum of Understanding at any time, with or without cause. Termination shall take effect one week or five (5) working days, whichever is earlier, after receipt of written notification as evidenced by a certified mail return receipt. IV Notification. Notification to the DEPARTMENT shall be directed to the Secretary, Department of Community affairs, 2555 Shumard Oak Blvd., Tallahassee, FL 32399-2100. Notification to the COUNTY shall be directed to the Mayor, Monroe County Board of County Commissioners, Monroe County Courthouse, 500 Whitehead Street, Key West, FL 33040 with a copy to the Director of Growth Management, Monroe County Growth Management Division 2798 Overseas Highway, Suite 400, Marathon, FL 33050-2227. 3 V Effective Date. This Memorandum of Understanding shall become effective upon execution by both parties, and shall end upon the termination of the Florida Keys Area of Critical State concern designation, unless terminated earlier according to Section IV above. IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding. BOARD OF COUNTY COMMISSIONERS OF MO E CO I~,~IDA '" ~.- 'CJg A~~~'> MAYOR/CHAIRMAN (SEAL) DATE d~~~r EST: DANNY L. KOLHAGE, Clerk "\.~,;'J:, \ ' \_ "" ..<t_ ,_ /~ ~,'" By: ~::-p~~~"""~'" ' ,.' ..- STATE OF FLORIDA, :~~At:ir.AFFAIRS DATE BY 4 ATTACHMENT A GUIDELINES FOR APPROVING ADDITIONS THAT DO NOT CREATE AN ADDITIONAL DWELLING UNIT1 Bid. Separate lockable unlockable full wet bar Full % Bath" Allowed?" type2 entrance3 internal internal kitchen6 Bathe connection4 connection5 acc. bid. X NA NA X X NO u X NA NA X X NO " X NA NA X X NO " X NA NA X X NO u X NA NA X YES add. X X ---- X X NO " X X ---- X X NO " X X ---- X X NO u X X ---- X YES " X X ---- X YES " X ---- X X X NO " X ---- X X X NO " X ---- X X X YES'u " X ---- X X YES u ---- X X X YES .. ---- X X X NO 1. General Note: Not all possible project design options are shown. As a rule ofthumb, if an option allows a full kitchen then a wet bar is also permitted in place of or in addition to a full kitchen; or, if an option allows a full bath, then a % bath is also permitted in place of or in addition to a full bath. 2. acc = Attached or unattached accessory addition to principal structure with ~internal connection to the structure. add = Addition to principal structure with an internal connection to principal structure. 3. A separate entrance is any entrance including sliding glass doors. A special exception may be made if the entrance is onto an enclosed courtyard or pool area. Care should be applied to assure a guest house or dormitory is not created. 4. A lockable internal connection exists when either party can lock out the other party. 5. An unlockable internal connection exists when one party can not exclude the other party. An open wall is an unlockable internal connection. A door or doorway is not an unlockable internal connection. 6. A full kitchen is any food preparation facility larger than a wet bar. Plumbing "stub outs" shall be considered a kitchen. 7. A wet bar is a food or drink preparation area limited to a total counter surface area of 16 square feet (including a sink with design limitations of one bin and limited to one (1) square foot in size) with electricity limited to 110 volt service. 8. A full bath contains, at a minimum, a sink, toilet and bath or shower. A half bath, at a maximum, may contain a toilet and a sink. 9. NO = Design can not be approved. YES = Design can be approved. Approval of any project design that does not clearly fall within one of the listed options can only be approved by the Planning Director or Development Review Senior Administrator, after consultation with the Planning Manager of the DCA Field Office. 10. Requires covenant restricting dwelling unit to single family occupancy only.