10/6/1992 - Laserfiche WebLink

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Chairman Eggert asked if there was any argument about planting the myrtles. Mr. DeBlois responded that there was agreement that wax myrtles would be planted at some height to supplement the requirement of the City of Vero Beach for a buffer. Mr. DeBlois further explained that the Rockridge residents are also suggesting a berm to elevate the planting. They thought that the berm should be towards the bottom of the proposed slope, but from staff's perspective it would seem more practical if it were at the top of the slope along the edge of the parking lot landscape. However, that is a decision for the City of Vero Beach. Commissioner Bird led discussion regarding the question of the County's legal position as far as requiring Mr. Schlitt to put wax myrtles on Mr. Knoebel's property. Mr. DeBlois explained that even though the property technically belongs to Mr. Knoebel, and Mr. Schlitt is the one who actually did the clearing, it has been explained to Mr. Knoebel that he must allow the mitigation to occur. This was discussed with City staff and it was determined that if Mr. Knoebel refuses to allow Mr. Schlitt to conduct the mitigation that is required, he then would be personally liable. It appeared that Mr. Knoebel's biggest concern was that Mr. Schlitt should not get any off-site mitigation credit. Commissioner Bowman asked for clarification on the ownership of the property, because it was her understanding that Mr. Knoebel had not paid taxes for several years. Attorney Vitunac advised that it would be necessary for the Property Appraiser and Tax Collector to research that detail. He further commented that the County cannot require someone to do something on somebody else's land. However, because there was a violation of County ordinances on land situated within the county, Mr. Knoebel must do something to correct it. Mr. Knoebel already has been notified that there is a violation of a County ordinance. Commissioner Bird asked whether the County has the legal standing to force him to do plantings on property that is within the City of Vero Beach. Attorney Vitunac responded that the County can take action against property owners whose property is in violation of County ordinances, even if the land is within the City of Vero Beach. Commissioner Bird noted that the configuration and slope of this property is such that several agencies are involved in the final decisions, including the Corps of Engineers and the St. Johns River Water Management District (SJRWMD). Mr. DeBlois reported that staff have been working with Mr. 21 S�K,';rU61