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Hon. Carolyn Eggert, Chairman <br />May 4, 1992 <br />Page Two <br />6. Staff still .maintains that the redesignation was a mistake or an oversight and should <br />be corrected. <br />7. Your staff report states: "An oversight was made regarding establishment of a <br />transitional area southwest and south of the Fellsmere/Homewood areas [Kahn <br />property]. Based upon its more detailed analysis, it is staffs opinion that a transitional <br />land use designation should be established in the areas southwest and south of the <br />Fellsmere/Homewood areas." <br />S. That is why staff agreed at a pre -application conference to recommend approval. did <br />recommend approval to this Board of County Commissioners; did recommend approval <br />to the Regional Planning Council; did recommend approval to the Department of <br />Community Affairs. - <br />9. Because other citizens with similar properties requested County assistance to maintain <br />access to their properties, when the Board approved Mr. Kahn's request, the Board <br />asked staff to look into a road improvement ordinance or other arrangement with Mr. <br />Kahn. <br />10. Staff was unable to create an ordinance they were satisfied with. <br />il. Mr. Kahn has volunteered to create road access easements with a Property Owners' <br />Association responsible for maintaining them, and which Association has assessment <br />and lien powers for the costs of maintenance. The road easements will be on the tract <br />lines, midway between the sublaterals (see sketch). <br />12. The documents creating the easements (to be recorded) also put each owner on notice <br />of his 'responsibility, and state in bold print that the County has no responsibility to <br />maintain or improve the roads. <br />13. This application meets all environmental, concurrency, consistency, compatibility, and <br />LDR tests. <br />14. This application satisfies the Fellsmere Water Control District, as confirmed by Mr. <br />Rodney Tillman, by pulling the roads away from the drainage ditches and by <br />establishing a P.O.A. to maintain them. <br />15. This request results in a net positive benefit to the County in two ways: it corrects the <br />oversight committed in haste to satisfy DCA, and it establishes the legal framework to <br />provide and maintain access roads in these properties. <br />BB:bh <br />Enclosures <br />�. Very truly yours, <br />V,. `--: <br />Bruce Barkett <br />105 <br />Y ®5 �9� LOOK ► F,�,;�. rJ i? <br />