TO: Honorable Mayor & Members of the North Port Commission
FROM: Peter D. Lear, CPA, CGMA, Interim City Manager
TITLE: Resolution No.2017-R-16 and Petition No. VAC-17-068, the request of Alexandra Openchowski to vacate a portion of the platted rear 20-foot drainage maintenance easement for 5861 Brickell Drive in North Port, Florida, Lot 20, Block 188, Second Addition to Port Charlotte Subdivision (PID # 1004018820) Section 34, Township 39S, Range 21 East. (Quasi-Judicial)
Recommended Action
City Commission approve VAC-17-068, Resolution No. 2017-R-16, 5861 Brickell Drive (Openchowski) Partial Vacation of the platted 20-foot rear drainage maintenance easement.
Background Information
Alexandra Openchowski is requesting to vacate a 4.5-foot portion of the 20-foot rear drainage maintenance easement. Approximately 145.80 square feet of the concrete deck is constructed into the easement.
The encroachment has existed for over twenty-years when the home was first constructed. The in-ground swimming pool and deck were constructed at the same time but under a separate building permit. It was discovered the swimming pool permit never received a final inspection and therefore remained an open status permit. City policy for retention of records is based upon the State of Florida General Records Schedule GS1-SL which requires a local government to retain residential building permits for up to ten years after a Certificate of Occupancy (CO) is issued. Although the City maintains a historical electronic data base of building permits, paper or scanned copies of this building permit could not be located. As a result, it is not certain the City ever received a copy of the boundary survey which would have alerted City staff to the encroachment. In 1997, boundary surveys were not required in order to receive a Certificate of Occupancy. Today, safety measures have been implemented in the construction process by requiring a survey at the time of the formation of the pool befo...
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