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Parcel map amendment on Cudjoe Key continued after HOA cites recorded conservation easement
Summary
A proposed Monroe County Tier overlay map change for property at 21660 Overseas Highway (Cudjoe Key) was continued to the Feb. 19 meeting in Key West after the Sunrise Beach Homeowners Association told the board the land is subject to a recorded conservation easement; staff will verify the easement record and return with findings.
Monroe County commissioners on Jan. 15 voted to continue a proposed Tier overlay amendment for parcels at 21660 Overseas Highway (Cudjoe Key) after members of the adjacent Sunrise Beach Homeowners Association said a recorded conservation easement restricts development of the subject land.
What happened: Staff recommended approval of the overlay amendment from Tier 3A to Tier 3, but Sunrise Beach HOA President Barbara Van Harten told the board a conservation easement expressly prohibits construction, fill, mangrove removal and other disturbance and that violations had already occurred. Staff said it had not located a recorded easement in clerk records and offered to verify the record.
Board action: A commissioner moved and the board voted to continue the item to the Feb. 19 BOCC meeting at the Harvey Government Center in Key West so staff can confirm whether a conservation easement exists and review any recorded restrictions. The applicant and HOA were asked to provide documentation.
Why it matters: A conservation easement would remain valid regardless of a Tier overlay change; but the HOA and neighbors contended that changing the overlay would encourage further disturbance. Staff said the Tier amendment is a map change and not an application for development, but agreed to a title/search verification before proceeding.
Next steps: Staff will search court and clerk records and return the item for hearing and possible action on Feb. 19 in Key West. The HOA said it already provided a copy of the recorded easement to staff.
