TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, City Manager
TITLE: Resolution 2021-R-47, A Resolution of the City of North Port, Florida, Vacating Utility and Drainage Easements for Lots 12 and 13, Block 691, Seventeenth Addition to Port Charlotte Subdivision; Providing for Findings; Providing for Filing of Approved Documents; Providing for Conflicts; Providing for Severability; and Providing an Effective Date. (QUASI-JUDICIAL).
Recommended Action
Recommend approval of Resolution 2021-R-47, VAC-21-222.
General Information
The property owner, Robert C. Rizzo, is requesting a vacation of the platted rear 10-foot utility and drainage easements to construct a private pool, pool deck, shed, and playground in the center of two combined lots to be used as one building site. The proposed placement of the structures will encroach substantially into portions of the rear 10-foot utility and drainage easements encompassing Lots 12 and 13, therefore making it necessary to vacate these easements.
Pursuant to Florida Statutes Chapter 177.101, an application has been made to the City of North Port to formally request a vacation of the platted rear 10-foot utility and drainage easements located on Lots 12 and 13, Block 691, Seventeenth Addition to Port Charlotte Subdivision.
A legal notice of intent to vacate was published by the property owner in a newspaper of general circulation, for two (2) weeks consecutively.
All applicable drainage and utility agencies have been notified and have granted their approval for the vacation of the platted rear 10-foot utility and drainage easements located on Lots 12 and 13, Block 691, Seventeenth Addition to Port Charlotte Subdivision.
Resolution 2021-R-47 has been reviewed by the City Attorney and is legally correct as to form.
During their Regular Meeting held on October 21, 2021, the Planning and Zoning Advisory Board heard VAC-21-222. Staff advised the Board of the following two issues.
§ The Notice of Intent contained a scrivener’s error regarding the lot numbers.
§ The approval for Florida Power and Light was not included in the staff report.
The Planning and Zoning Advisory Board voted unanimously to recommend approval of VAC-21-222 to the City Commission with the conditions that the applicant shall republish the Notice of Intent and staff shall reach out to Florida Power and Light Company to confirm they do not need to use the drainage and utility easement.
Subsequent to the Planning and Zoning Advisory Board Meeting, there has been compliance with both conditions of approval by the applicant and the Planning and Zoning Division staff. The republished Notice of Intent and approval from Florida Power and Light Company of VAC-21-222 confirming they do not need to use the drainage and utility easement has been included in the backup documents.
Strategic Plan
To provide exceptional service to our entire community for the continuous enrichment of quality of life.
Financial Impact
Not applicable.
Procurement
Not applicable.
Attachments: 1. Resolution 2021-R-47 with Exhibits
2. Staff report with Exhibits
3. October 21, 2021, Planning and Zoning Advisory Board Action Report
4. Revised Notice of Intent
5. Florida Power & Light Approval
Prepared by: Alexander J. Bahorski, Planner I
Sherry Willette-Grondin, Zoning Coordinator
Alison Christie, AICP, Interim Planning & Zoning Division Manager
Department Director: Jason Yarborough, ICMA-CM, Assistant City Manager