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Easement Encroachment A/C Units

Easement Encroachment A/C Units. Important Differences. 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

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Easement Encroachment A/C Units

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  1. Easement EncroachmentA/C Units

  2. Important Differences

  3. 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 platand deed restrictions on all lots, all four sides.

  4. 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.

  5. 3 Actual Plans

  6. Relief – Government 1. BINDING LOT AGREEMENT (Ord. No. 2004-10) - Owner combines 2 lots into 1 2. 2005 ULDC REDUCED FRONT & REAR SETBACKS IN: & WHERE SIDE YD. SETBACK MEASURED

  7. 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.

  8. 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 ownerto address.

  9. A/C Configuration • Existing

  10. A/C Configuration • Retrofit

  11. A/C Configuration • New

  12. Options

  13. Housing Trends Don’t Fit the Rectangle “Multi-Generational” OR “Pocket Neighborhoods”

  14. 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.

  15. Charlotte County 3 ways property owner uses land encumbered by County easement: • Request release; • Request occupation; • Request partial release and occupation. If “blanket” easement to multiple entities, property owner executes Easement Encroachment Agreement – encroachment removed at property owner’s expense.

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