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40 <br />U <br />TO The Honorable Members DATE: March 27, 1984 FILE: <br />of the Board of County <br />Commissioners <br />DIVISION HEAD CONCURRENCE: PLAT VACATION REQUEST FOR <br />A PORTION OF DIXIE GAR - <br />SUBJECT: DENS UNIT 3, SECTION 3 <br />' SUBDIVISION <br />Robert M. Keati g, CP <br />Planning & Development Director <br />Clare Z. Poupard 44- Dixie Gardens <br />FROM: Staff Planner` REFERENCES: DIS:CLARE <br />It is requested that the following information be given formal <br />consideration by the Board of County Commissioners at their <br />regular meeting on April 11, 1984. <br />DESCRIPTION AND CONDITIONS: <br />The applicant is requesting that the Board of County Commis- <br />sioners vacate a portion of the plat of Dixie Gardens — Unit <br />3, Section 3 Subdivision. The portion of the plat for which <br />the request has been made is the portion which has been <br />designated as a park site. The applicant bought this parcel <br />of land from the subdivision's developer and intends to <br />develop it with additional property to the south, as a land <br />condominium. <br />ALTERNATIVES AND ANALYSIS: <br />The park site in question has never been dedicated to either <br />the County or the homeowners in Dixie Gardens Subdivision. <br />Therefore, the County would not be vacating a park which it <br />owns or has an interest in. <br />According to Chapter 177.101 of the Florida Statutes, the <br />Board of County Commissioners must ascertain three facts <br />before it approves a plat vacation request. These facts are: <br />1) that the applicant holds fee simple title to the <br />land for which the request is being made, <br />2) that the vacation, if approved by the Board of <br />County Commissioners, will not affect the ownership <br />or right of convenient access of residents within <br />the subdivision <br />3) that all back taxes on the subject property have <br />been paid. <br />The applicant has submitted a deed to the Planning Department <br />showing that he holds fee simple title to the land in ques- <br />tion. The park site is at the end of a cul-de-sac. It is <br />bounded by the Lateral "J" Canal on its west side and the <br />applicant's property on the east and south sides. Therefore, <br />no lots within the subdivision will have their means of access <br />affected by a partial plat vacation. Also, Indian River <br />County's Tax Collector, Gene Morris, has submitted a letter to <br />the Planning Department certifying that all taxes on the <br />property have been paid. <br />Thus, all state requirements concerning plat vacation have <br />been met. <br />29 <br />TPR 111984 600K ''56 PAGE 713 <br />