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Resolution 311-2006 RESOLUTION N0311-2006 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY SERGIO GARCIA FOR THE PROPERTY LOT 15, BLOCK I, HARBOR SHORES, KEY LARGO, RE #00521670.000000. THE RELIEF IS IN THE FORM OF ONE (I) DWELLING UNIT ALLOCATION. WHEREAS, Sergio Garcia submitted an application for administrative relief under Sec. 9.5-122(f) of the Monroe County Land Development Regulations, and WHEREAS, the Monroe County Board of County Commissioners makes the following findings of fact and conclusions oflaw; I. Sergio Garcia's application for administrative relief is for Lot 15, Block I, Harbor Shores. RE#00521670.000000. 2. The application has been in the ROGO system for at least four (4) consecutive years. 3. The Board of County Commissioners (BOCC) has the authority to grant administrative relief under Section 9.5-122(f)(6) and may grant the applicant a building allocation, offer to purchase 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 (1) one positive environmental point. 5. Board of County Commissioners Resolution #223-2004 directs staff to identifY small parcels with indigenous hammock or pinelands. 6. The subject property is not in 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), and is located in the Lime Grove Estates, Section #1 Subdivision and is not environmentally sensitive. 9. The applicant applied for administrative relief on April II, 2006, under Section 9.5-122.2(f) of the Monroe County Code and Policy 101.6.1 of the 2010 Comprehensive Plan. 10. Section 9.5-122.2(f) ofthe 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. ADMINISTRATIVE RELIEF RESOLUTION RIEHL, RE#00466660-000000 Page 1 of2 Cl ..:3' c:: 0 N <-) ~: ::E: c~: 0- r,: IJ') c;. t"-.- C, 0- hl I.&.J . en ..., t1__ = = ..... 11. The Applicant has been in the ROGO system for three of the last four annual allocation periods and therefore qualifies for administrative relief. 12. 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. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Administrative relief is granted to Sergio Garcia, for Block 1, Lot 15, Harbor Shores, Key Largo, 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 occurs on October 13, 2006 or next available allocation period; 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 August ,2006. ld <( eJ -' ,,:'( .L.: ._--J.-.-:)- c')~~ ,--~~ J:uo _.J .(.,) )-~I.JJ '""..._!o ::,';;un.:: ~, Z C) C) ::E Mayor Charles "Sonny" McCoy Mayor Pro Tern, Dixie Spehar Commissioner George Neugent Commissioner DiGennaro Commissioner Glenn Patton ~ Yes ~ ~ Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY "Sonny" McCoy (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK 0".J.JLQ.~~~ DEPUTY CLERK ry D. Slad... As.i.tlat 0 Attorney ( DATE: ADMINISTRATIVE RELIEF RESOLUTION RIEHL, RE#00466660-00QOOO Page 2 of2