Resolution 206-2006
RESOLUTION NOJ06-2006
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
FOR ADMINISTRATIVE RELIEF MADE BY MIGUEL CANO
ON THE LOT DESCRIBED AS LOT 6, BLOCK 8, WINSTON
WATERWAYS SUBDIVISION, KEY LARGO,
RE#005472 I 1.002400. THE RECOMMENDED RELIEF IS IN
THE FORM OF A DWELLING UNIT ALLOCA nON
WHEREAS, Miguel Cano submitted an application for administrative Relief under Sec.
9.5-122(1)(6) of the Monroe County Land Development Regulations, and
WHEREAS, the Monroe County Board of County Commissioners makes the following
finds offact and conclusions of law:
]. Miguel Cano's application for Administrative Relief is for Lot 6 Block 8, Winston
Waterways Subdivision.
2. The application has been in the ROGO system for at least four (4) consecutive years.
3. 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.
4. The lot is not identified as being in the Conservation and Native Area (CNA),
received no negative environmental points and one (I) positive environmental point.
5. Board of County Commissioners Resolution 223-2004 directs staff to identify small
parcels with indigenous hammock and pinelands for recommended purchase.
6. The subject property is not an area of indigenous hammock or pinelands.
7. 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.
8. The subject property, is zoned Improved Subdivision (IS), IS located in Winston
Waterways Subdivision and is not environmentally sensitive.
9. The applicant on January 4, 2006 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. Section 9.5-122.2(1) 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.
] o. The applicant has been in the ROGO system for three of the last four annual
allocation periods and therefore qualifies for administrative relief.
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11. 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.
12. 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 Years 2010
Comprehensive Plan that directs the County to prioritize acquisition based on the
environmental sensitivity ofthe land.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Administrative relief is granted to Miguel Cano on Lot 6, Block 8, Winston Waterways 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(t) of the Monroe County Code;
and
2. The allocation award shall be taken out of the next quarterly allocation which closes July 13,
2005 (Quarter 4, 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 of May , 2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Dixie M. Spehar
Commissioner George Neugent
Commissioner David Rice
Commissioner District V
Yes
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