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F, <br />MAY U 5 1992 <br />D. MAO Ca <br />A W. vELL \ <br />'y3r. COLLQ6. JR • n\� <br />OF COUNSEL <br />FACHAEL A GARAVAGLiA <br />*BOARD CERTFI :D REAL ESTATE LAWYER <br />Hon. Carolyn Eggert, Chairman <br />Board of County Commissioners <br />1840 25th Street <br />Vero Beach, Florida 32960 <br />BOOK '1 <br />Ft1UC <br />!,; I ITEM 9B-5 <br />Collins Brown & Caldwep ... <br />a-�ED <br />ATTORNEYS AT LAW At �:, i <br />Pe-m,;nne! <br />756 BEAChdAND BOULEVARD <br />VERO BEACH. FLORIDA 32983 Pudic Works Y TO: <br />407 -Ml -4343 Community Dev. � x -46814 <br />FAX N 407.2345213 Utilities VERO BEACH. FLORIDA 32984 <br />Finance <br />Other <br />May 4, 1992 <br />Re: Kahn Request to Amend comprehensive Plan <br />to Correct Oversight <br />Dear Chairman Eggert - <br />1 <br />attach the following documents, to which I will refer during the Board meeting on May 5: <br />1. Declaration of Covenants and Restrictions for Kahn Properties Property Owners' <br />Association, Inc. <br />r 2. Articles of Incorporation of Kahn Properties Property Owners' Association, Inc. <br />✓ 3. Correspondence from Marvin E. Carter, Consulting Engineer, Fellsmere Water Control <br />District. See e0pea8l>9 paragraphs 5 and 6.A. <br />4. Sketch of subject property with proposed easements. <br />The main points to be considered are as follows: <br />1. This property was platted into ten -acre lots by the Fellsmere Farms plats of reclamation <br />several decades ago. <br />2. Mr. Kahn has held title to these properties for over 30 years, and has been free to sell <br />five -acre parcels. <br />3. The land use dation of AG -1, one unit per five ages, was adopted by the County <br />in 1990, before DCA challenged the Comprehensive Plan. <br />4. Mr. Kelm could not participate in the compliance agreement with DCA, which resulted <br />in his Property being redesignated to AG -2, one unit per ten acres. <br />5. When we approached the staff staff agreed that the redesignation was a mistake, an <br />oversight: a transitional or buffer area around FeDsmere/Homewood should have been <br />maintained at one unit per five acres. <br />104 <br />