TO: Honorable Mayor & Members of the North Port Commission
FROM: Peter D. Lear, CPA, CGMA, City Manager
TITLE: Resolution No. 2018-R-03, Petition No. VAC-17-223, 3345 Stockton Avenue (McDowell-Tate) Partial Vacation of the platted 20-foot rear maintenance easement located on Lot 2, Block 851, Nineteenth Addition to Port Charlotte Subdivision. The site contains ± .506 acres and is located in the Residential Single-Family District (RSF-2), 3345 Stockton Avenue, North Port, FL 34286 (PID # 0964085102, Lots 1 & 2, Block 851, Nineteenth Addition to Port Charlotte Subdivision) Section 14, Township 39S, Range 21 East. (Quasi-Judicial)
Recommended Action
City Commission approve Resolution No. 2018-R-03, Petition No. VAC-17-223
Background Information
Jason R. Ester, agent on behalf of Debbie McDowell-Tate, the property owner is petitioning the City of North Port to grant a partial vacation of the platted 20-foot rear maintenance easement to allow for an existing in-ground swimming pool and deck to remain.
Pursuant to Florida Statutes Chapter 177.101 an application has been made to the City of North Port by Debbie McDowell-Tate to formally request a partial vacation of the platted rear 20-foot maintenance easement located on lot 2, Block 851, Nineteenth Addition to Port Charlotte Subdivision, Section 14, Township 39 South and Range 21 East.
A legal notice of intent to vacate was published by the applicant in a newspaper of general circulation, for (2) two weeks consecutively.
On December 13, 2017, the City of North Port Neighborhood Development Services, Planning Division received an application for a partial vacation of the rear platted 20-foot maintenance easement to allow an existing in-ground pool and deck to remain. The pool and deck are encroaching into the 20-foot rear maintenance easement by 3.4-feet. According to the narrative provided by the applicant, the home was purchased in 2007 and the survey conducted at the time of purchase did not raise any issues or concerns with the property. It was not until a survey was requested by the title company prior to the closing in early December 2017, was it discovered there was an issue with the pool and deck encroaching into the 20-foot rear maintenance easement and the well occupying the 10-foot rear maintenance and utility easement on Lot 2, Block 851, Nineteenth Addition to Port Charlotte Subdivision.
Concurrent with the application for vacation of easement, the property owner submitted to the City an application for a variance as the pool and deck do not meet the minimum 20-foot rear setback required. The variance petition (VAR-17-222) was heard before the Zoning Board of Appeals (ZBA) on January 12, 2018 and was approved with a unanimous 5-0 vote.
The matter of the well occupying the 10-foot rear maintenance and utility easement was resolved with the Public Works Department through a request for an occupation of easement. Public Works agreed that the well in its current location would not impede normal maintenance operations and the occupation of easement was granted. In addition, a copy of the letter granting the occupation of the well in the easement has been provided to the title company and that concern has been satisfied.
In order for the pool and deck to remain, it is necessary that both the variance and the partial vacation of the rear 20-foot maintenance easement is granted.
The Neighborhood Development Services, Planning Division did notify all affected utilities on December 14, 2017, of the request for a partial vacation of the rear 20-foot maintenance easement located on lot 2, 3345 Stockton Avenue. Through written response, staff received approvals from all the affected utility agencies.
Based on the responses received from the affected utilities, the request to partially vacate the rear 20-foot maintenance easement meets the following:
1. It is a vacation of a public easement.
2. The easement is not needed to provide City service to any property.
3. No public utilities or City facilities are located or planned to be located in the area.
4. the easement is not necessary to any logical extension of public utility service, sanitary sewer service, drainage or other City services to any property in the future or an alternate and equally acceptable easement of such extension has been dedicated to the City.
The Planning and Zoning Advisory Board at its regularly scheduled meeting of January 18, 2018, voted unanimously 7-0 to recommend that the City Commission approve Resolution No. 2018-R-03, Petition No. VAC-17-223 the request of Debbie McDowell-Tate to vacate a portion of the platted 20-foot rear maintenance easement located on Lot 2, Block 851, Nineteenth Addition to Port Charlotte Subdivision.
In addition, the City Attorney has reviewed and approved Resolution No. 2018-R-03 as to form and correctness.
Based on staff’s evaluation and stated findings, staff is recommending the City Commission approve Resolution No. 2018-R-03, Petition No. VAC-17-223, the request of Debbie McDowell-Tate to vacate a portion of the platted 20-foot rear maintenance easement located on Lot 2, Block 851, Nineteenth Addition to Port Charlotte Subdivision.
Strategic Plan
Goals: Financially Responsible City Providing Quality Municipal Services
Financial Impact
Not Applicable
Procurement
Not Applicable
Attachments:
1. Resolution No. 2018-R-03
2. VAC-17-223, Staff report
Prepared by: Sherry Willette-Grondin
Department Director: Scott Williams