Transcript CP-TXT-07-01 - Palm Coast, Florida

Community Development
Department
Easement Encroachment
A/C Units
Important Differences
SETBACK
Distance from property line to
house (existing or proposed) in
which no building is to occur.
EASEMENT
Legal right granted by property owner
to public, individual, or corporation to use
property for specific purpose. Description
recorded, appears in Title searches and
surveys for the property/lot.
Why?
Creates open space; separation
between neighbors to provide
privacy, mitigate noise and
odors; access for emergency and
utility workers; space for
maintenance on the home;
allows for air and light to the lot;
adequate spaces for cars to park
without blocking sidewalk;
establishes neighborhood look.
Allows use of property by another for a
specific purpose (runs with the land, not
the property owner).
Who administers?
Government through zoning
codes - City of Palm Coast
through Unified Land
Development Code
4 – Front, rear, side – interior;
side – corner
Easement holder (electric, cable, phone,
drainage).
Building cannot encroach into
setback, but overhangs,
driveways, a/c units, pool
equipment, etc., can.
Easement holder has legal right to use
property; property owner cannot
negatively affect the purpose for which
the easement was granted.
What is it?
What types are there?
How does this affect construction?
Multiple; public or private uses.
Community Development
Department
Historical Perspective
• ITT platted approximately 46,000 single family lots,
average 80 ft. wide, 125 ft. deep – 10,000 sq. ft.
5 ft. wide easement granted
by plat and deed restrictions
on all lots, all four sides.
Community Development
Department
Graphic Depiction
Allowed in building
setbacks:
•
•
•
•
•
•
Manmade landscape features
Driveways
Sidewalks, walkways
Concrete pads
Mechanical equipment
Overhangs
Allowed in Easements:
• Fence – side & rear yard only
• Fire hydrants (front yard),
back flow preventers, phone
and electric boxes.
Community Development
Department
3 Actual Plans
Community Development
Department
Relief – Government
1. BINDING LOT AGREEMENT (Ord. No. 200410) - Owner combines 2 lots into 1
2. 2005 ULDC REDUCED FRONT & REAR
SETBACKS IN:
SFR-2 (7500 Sq. Ft.)
Current CHG. Increased
Bldg. Area
20’
+5
375 S.F.
Yard Setback
Prior
Minimum
Front
Minimum Rear
25’
20’
6.5’
Minimum Side
Minimum Side
Street
TOTAL:
7.5’
25’
SFR-3 (10,000 sq. ft.)
Prior Curren CHG Increased
t
Bldg. Area
25’
25’
0
0
Prior
25’
SFR-4 (12,000 sq. ft.)
Current CHG. Increased
Bldg. Area
25’
0
0
1020 S.F.
20’
10’
+10’
800 S.F.
20’
15’
+5
450 S.F.
7.5’
+13.
5
0
0
7.5’
7.5’
0
0
7.5’
7.5’
0
0
15’
+10’
735 S.F.
2,130 S.F.
25’
20’
+5’
400 S.F.
1,200 S.F.
25’
20’
+5
400 S.F.
850 S.F.
& WHERE SIDE YD. SETBACK MEASURED
Community Development
Department
Relief: Private
1. Property owner asks PERMISSION to use land:
ENCROACHMENT into easement granted by
Easement Holder
-Removable equipment or structures;
-Property owner acknowledges easement
holder not responsible for any damage, etc.
2. Property owner asks to REMOVE easement:
VACATE EASEMENT – Owner, following State
law, petitions easement holder to relinquish
rights, vacation shows on Title Policy.
Community Development
Department
What about Palm Coast?
-Lot dimensions, setbacks, easements established
by developer;
-City reduced front & rear setbacks, measurement
of side yard to allow more building; B.L.A.
-Side Yards function as “alleys” – pool equipment,
a/c, trash cans, service meters, storage,
generators, leaving back yard for enjoyment.
Allows for privacy, air circulation, light, open
space, access and maintenance;
-Use of lot covered by easement possible, but
requires property owner to address.
Community Development
Department
A/C Configuration
• Existing
Community Development
Department
A/C Configuration
• Retrofit
Community Development
Department
A/C Configuration
• New
Community Development
Department
Options
ACTION:
CITY:
HOMEOWNER
/BUILDER
CHANGE
OUT
Encroachment
Agreement
• Encroachment
Agreement
• Vacate
NEW
CONSTRUCTION
Encroachment
Agreement
Adjust Plans:
• Shift house
• A/C spec.
• Encroachment
Agreement
• Vacate
Community Development
Department
Housing Trends Don’t Fit the Rectangle
“Multi-Generational”
OR “Pocket
Neighborhoods”
Community Development
Department
Other Jurisdictions
Florida - 2,600 antiquated subdivisions with
2,100,000 lots, all carry a right of vested
development. Legislature studied and attempted
to address numerous times.
Charlotte County – 203,085 lots (+10%
State supply) 131,718 (64.8%) vacant –
represents 100-year supply of vacant residential
lands (EAR). 1% annual reduction in platted lots
using Transfer of Density Units program.
Community Development
Department
Charlotte County
3 ways property owner uses land
encumbered by County easement:
1. Request release;
2. Request occupation;
3. Request partial release and occupation.
If “blanket” easement to multiple entities,
property owner executes Easement
Encroachment Agreement – encroachment
removed at property owner’s expense.
Community Development
Department