*QUASI-JUDICIAL HEARING (Time Approximate) BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY

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Merilyn Turner
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1 *QUASI-JUDICIAL HEARING (Time Approximate) BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 16, 2013 Division: Public Works Division Bulk Item: Yes No X Department: Engineering Services Department Staff Contact Person/Phone #: _Judy Clarke X4329_ AGENDA ITEM WORDING: Appeal by FPT Trust No. 1 of the denial of an after the fact right-ofway permit for a 38-ft. wide driveway connection at 29 Calle Uno, Rockland Key. (THIS IS A QUASI-JUDICIAL HEARING). ITEM BACKGROUND: Charlie Toppino and Sons submitted a right of way permit application for a 38-ft wide driveway connection. Staff denied the permit because the proposed width is greater than the maximum allowable width of 24-ft. FPT Trust No. 1 is appealing the denial as allowed by Monroe County Code Section PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: Not applicable STAFF RECOMMENDATIONS: TOTAL COST: n/a INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: $0 SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 7/09

Engineering Department MEMORANDUM To: Monroe County Board of County Commissioners From: Judy Clarke, P.E. Director of Engineering Services Date: September 30, 2013 Re: Appeal of denial of after the

2 Engineering Department MEMORANDUM To: Monroe County Board of County Commissioners From: Judy Clarke, P.E. Director of Engineering Services Date: September 30, 2013 Re: Appeal of denial of after the fact right of way permit application for 38 wide residential driveway connection This item is an appeal of Engineering Department s denial of an after the fact right of way permit application for a 38-ft. wide driveway connection at 29 Calle Uno, Rockland Key. Attached pictures show that the driveway extends 3-ft. onto the county right-of-way. Staff denied the application because the Monroe County Code, by reference to the Monroe County Public Works Manual, limits the width of residential driveways to a maximum of 24 feet. In March 2013 Code Compliance notified the property owner and contractor that work consisting of construction of a concrete driveway was being performed on the site without the appropriate building permit. The Monroe County egovplus summary sheet for the code case is attached. On April 8, 2013, Mr. Patrick Ortega of Charley Toppino and Sons submitted a right of way permit application. Engineering staff reviewed the application and responded via on April 15, 2103 that the site plan needed to be revised to reflect a maximum of one 24-ft width driveway or 2-12 ft. driveways rather than the 38-ft. wide driveway shown on the site plan. Mr. Ortega re-submitted the same permit application and site plan on August 7, On August 19, 2013 staff ed a second denial to Mr. Ortega; the denial again stated that Monroe County does not issue right of way permits for 38-ft wide driveways and that 24 feet is the maximum allowable width. Copies of the right of way permit applications and staff s are attached. Monroe County Code Section Construction Standards and Specifications states that All construction, repairs and/or restoration within county public rights-of-way and easements shall conform to the technical standards and specifications contained in the 1995 edition of the Monroe County Public Works Manual. Standard Road Detail R 7.1-Asphalt Driveway Residential (copy attached) shows the geometry for residential driveways and indicates a maximum width of 24 feet. This detail is used for residential driveways regardless of construction material (asphalt, concrete, brick pavers). Standard Road Detail R 8.2-Concrete Driveway, which is referenced in the appeal, shows the transition where there is curb and gutter and is not applicable to this location. Engineering staff consistently issues residential driveway connection permits with a maximum width of 24-ft. or in the case of a circular driveway for no greater than 2 12-ft. width connections.

CITY OF DEERFIELD BEACH Request for City Commission Agenda

Item: CITY OF DEERFIELD BEACH Request for City Commission Agenda Agenda Date Requested: February 7, 2012 Contact Person: Gerald R. Ferguson - Director of Planning & Development Services Description: 3901