Resolution 107-2006
RESOLUTION NO.I07-2006
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
FOR ADMINISTRATIVE RELIEF MADE BY CONSTANCE
SMITH ON THE LOT DESCRIBED AS LOT 20, BLOCK 6,
BUCCANEER POINT, KEY LARGO, RE#00496131.015100.
THE RECOMMENDED RELIEF IS IN THE FORM OF A
DWELLING UNIT ALLOCATION
WHEREAS, Constance Smith 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 upon 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 property concerned is zoned Improved Subdivision (IS) and is located in the
Buccaneer Point Subdivision, Lot 6, Block 20, Key Largo, Real Estate Number
00496131.015100.
2. The application of Constance Smith 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 pinelands for recommended purchase.
5. The subject property is not an area of indigenous hammock or pinelands.
6. The subject property, located in Buccaneer Point Subdivision, is not environmentally
sensitive.
7. The applicant, Constance Smith, 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 RaGa 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 pine lands.
10. The property does not qualify as environmental sensitive under criteria established by
Policy 10 1.6.5 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.
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WHEREAS, the Monroe County Board of County Commissioners makes the following
Conclusions of Law:
1. Section 9.5-122.2(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 9.5-122.2(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 ofthe vegetative habitat on the lot.
NOW THEREFORE, BE IT RESOL YED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Administrative relief is granted to Constance Smith on Lot 20, Block 6, Buccaneer Point
Subdivision 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 20 I 0
Comprehensive Plan and as required by Section 9.5-122.2(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 ofFebruar~ 2006.
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
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BOARD OF COU
OF MONROE C
Y COMMISSIONERS
;ry, FLORIDA
BY
Charles "Sonny" McCoy
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