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Resolution 106-2006 RESOLUTION NOl06-2006 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRA TIVE RELIEF MADE BY DEAN PARKINSON ON THE LOT DESCRIBED AS LOT 5, BLOCK 16, TWIN LAKES KEY LARGO, RE#00550220.000000. THE RECOMMENDED RELIEF IS IN THE FORM OF A DWELLING UNIT ALLOCATION WHEREAS, Dean Parkinson submitted an application for a building permit allocation under the Residential Rate of Growth Ordinance (ROGO) Section 9.5-120-140, Monroe County Code, in January of2002; and WHEREAS, based on the Application for Administrative Relief, attachments thereto, Staff Report, recommendations and other materials, the Monroe County Board of County Commissioners makes the following Findings of Fact: 1. The subject property is zoned Improved Subdivision (IS) and is located in the Twin Lakes Subdivision, Lot 5, Block 16, Key Largo, Real Estate Number 00550220.000000. 2. The application of Dean Parkinson has been in the ROGO system for at least four (4) consecutive years. 3. 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. 4. The Board of County Commissioners Resolution 223-2004 directs staff to identify small parcels with indigenous hammock and pine lands for recommended purchase. 5. The subject property is not an area of indigenous hammock or pinelands. 6. The subject property, located in Twin Lakes Subdivision is not environmentally sensitive. 7. The applicant, Dean Parkinson, has applied for Administrative Relief under Section 9.5-122.2(t)(6) of the Monroe County Code and Policy 101.6.1 of the 2010 Comprehensive Plan. 8. The applicant has been in the ROGO system for three of the last four annual allocations periods and therefore qualifies for Administrative Relief. 9. 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. 10. 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. Page 1 of2 WHEREAS, the Monroe County Board of County Commissioners makes the following Conclusions of Law: 1. Section 9.5-I22.2(t) 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. 2. The Board of County Commissioners (BOCC) has the authority to grant Administrative Relief under Section 9.5-I22.2(t)(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. 3. 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. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Administrative relief is granted to Dean Parkinson on Lot 5, Block 16, Twin Lakes 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-I22.2(t) of the Monroe County Code; and 2. The allocation award shall be taken out of the next quarterly allocation which closes April 13, 2006 (Quarter 3, 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 15th day ofFebruary, 2006. ..:l" o 1.'...1 ~ 0:: .. c.:;--l o _ ...... l.!..... U - .~~: ~--:,~ ~ ~ :~u;::" 0:: :.~ cr.: S a 0\ .Wo U".. , ..-1.u ~.):{cf~~~S~> -:/.'.,~~, 'g:) ~ ~ "...' ~.',/(..','."',:..~.,,..ii\\ 1~...,..i... '.),\.'~.,';' ~:'r~~r~y L HOLHAGE, CLERK . ...>::.;,.~,'i...,.:., ,,:.y,~ /1 "a~ DEPUTY C-LERK Mayor Charles "Sonny" McCoy Mayor Pro-Tern Murray Nelson Commissioner Dixie M. Spehar Commissioner George Neugent Commissioner David p, Rice Yes Yes Yes Yes Yes BOARD OF COUNTY COMMISSIONERS OF MONROE CO TY, FLORIDA BY ~~~l Page 2 of2