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2/5/1986
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2/5/1986
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Meetings
Meeting Type
Regular Meeting
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Minutes
Meeting Date
02/05/1986
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required to be installed along proposed lot lines prior to <br />final plat approval. However, the applicant was informed <br />that installation of firewalls may be required prior to <br />occupancy of units. The County Attorney's Office approved <br />this procedure. <br />Table 600, Standard Building Code, is the reference regarding <br />fire separation along property lines. It is to be used in <br />.conjunction with Section 403, Standard Building Code, <br />regarding tenant separation. Since subdivision of the <br />center, the staff has determined that the code does not <br />mandate zero setback construction requirements for condo- <br />minium type construction for purposes of applying the code. <br />In order to apply zero setback construction, the property <br />line division must give each individual owner complete <br />accessibility to and control of his property. The code does <br />not differentiate between tenant occupancy vs. ownership in <br />this type of construction, nor does the code consider unit <br />ownership or rental situations to mandate zero setback <br />construction requirements, i.e., firewall construction. <br />One hour construction, as permitted in certain tenant <br />separations and condominium apartment construction, is cost <br />efficient and practical in buildings were tenants and/or <br />owners have common access, maintenance responsibilities, etc. <br />CONCLUSION: Subdivision of center without firewalls was <br />consistent with County regulations, including building codes. <br />The method by which the subject property was subdivided has <br />no bearing on the original plan review. This project <br />complies with the building code requirements for tenant <br />separation. <br />Party walls and firewalls are synonymous in function, the <br />difference being in locations. Party walls are located <br />equally on a separation line and are shared in ownership <br />and/or responsibility of the common wall. A fire wall is an <br />independent wall under the exclusive control of the enclosed <br />space. These walls are not to be confused with tenant <br />separation partitions which are defined as simply a wall or <br />partition between tenants which may be non -fire rated. <br />4. The final question concerned the terminology used in present- <br />ing the proposed subdivision to the Board of County Commis- <br />sioners for approval. Mr. Berlin noted that the subdivision <br />of the center was presented to the Board as a land condomini- <br />um. However, he stated that the subdivision was not a <br />condominium because it was not approved as a condominium <br />under the condominium laws of the State of Florida. It is <br />Mr. Berlin's contention that Old Dixie Center should have <br />been presented as a party wall subdivision rather than a land <br />condominium. He also implied that, because of the semantics, <br />the Board of County Commissioners adopted a plat based upon <br />inaccurate information presented by the staff. <br />In the County's ordinance, there is no reference to party <br />wall subdivision. The Subdivision and Platting ordinance, <br />however, does specifically reference land. condominiums. As <br />defined in the code, land condominiums are the result of <br />applying the state's condominium laws to a subdivision of <br />land. It was the opinion of the County Attorney's office <br />that the intent of this provision of the ordinance is <br />met upon creation of an association and creation of a decla- <br />ration of covenants and restrictions which adequately provide <br />for the project's common areas. In this as in all cases, the <br />association documents were reviewed and approved by the <br />County Attorney's office; execution of the final plat docu- <br />ment by the County Attorney also indicates concurrence with <br />all plat submittals. <br />31 <br />BOOK <br />FEB5 1986 . <br />
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