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TO: The Honorable Members of DATE: December 2, 1987 FILE: the Board of County Commissioners DIVISION HEAD CONCURRENCE: R5ert M. Keati g,�A CP Community Develbpmelt Director THROUGH: Roland M. DeBlois K00 taff Planner Ce4e E► 'o/ ement RELEASE OF EASEMENT REQUEST BY ALAN & HATHA ARTZ SUBJECT PROPERTY: LOT 14 SUBJECT: BLOCK 9, VERO SHORES FROM: rel es W/'-ath Code Enforcement Officer SUBDIVISION, UNIT ONE cn` fa ,CES: ARTZ MEMO/REMS It is requested that the data herein be given formal consideration by the Board of County Commissioners at their regular meeting of January 5, 1988. DESCRIPTION AND CONDITIONS: The County has been petitioned by Alan and Hatha Artz, owners of the subject property, for release of a portion of the rear ten (10) foot utility and drainage easement of Lot 14, Block 9, Vero Shores Subdivision Unit One, being the southeasterly five (5) feet of the northwesterly ten (10) feet of Lot 14, Block 9, Vero Shores Subdivision, as recorded in Plat Book 5, Page 52 of the Public Records of Indian River County. It is Mr. and Mrs. Artz's inten- tion to effect compliance with Indian River County regulations by releasing part of the utility easement, to meet set- back -from -easement requirements for an existing pool and decking. The current zoning classification is RS -6, Single -Family Residen- tial District. The land use designation is LD -2, Low Density Residential, up to six (6) units per acre. ALTERNATIVES AND ANALYSIS: Section 25(b)(6), Appendix A, Zoning, of the County Code of Laws and Ordinances specifies that no pool shall be located closer than five (5) feet to any easement, and no pool deck shall encroach into any easement. Resulting from a survey error, the pool and decking were established contrary to these easement setback re- quirements. Release of the southeasterly five (5) feet of the rear drainage and utility easement would bring the pool and decking into compliance with the referenced zoning regulations. The request has been reviewed by Southern Bell Telephone, Florida Power and Light Company, Florida Cablevision Corporation, and the Indian River County Utility and Right -of -Way Departments. Based upon their review, Southern Bell Telephone has requested that the owners accept responsibility for the expense of any future damage or relocation of the existing cable, to which Mr. & Mrs. Artz agreed. The zoning staff analysis showed that the drainage would be adequately handled on the site. RECOMMENDATION: Staff recommends to the Board, through the adoption of a resolu- tion, the release of the southeasterly five (5) feet of the northwesterly ten (10) foot utility and drainage easement of Lot 14, Block 9, Vero Shores Subdivision Unit One, as recorded in Plat Book 5, Page 52, of the Public Records of Indian River County, Florida. JAN 5 1988 11 BOOK 70 FAGS 480