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INDIAN RIVER COUNTY MEMORANDUM TO: Michael Zito Interim County Administrator THROUGH: Phillip J. Matson, AICP Community Development Director FROM: Rebeca Guerra, AICP, LEED-AP, CPD Chief, Environmental Planning & Code Enforcement DATE: 2/27/2023 RE: Consideration of the Purchase of County -Owned Property to Remedy Private Encroachments on Lot 8, Block E, Unit L of Vero Lake Estates It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of March 7, 2023. DESCRIPTION AND CONDITIONS Nancy And Herb Schroer own residential property located at 7985 100th Avenue (Lot 9) in Indian River County. They are renting the property to tenants Christopher and Cathie Keller. On May 10, 2022, the County's Public Works Department identified possible unpermitted private encroachments on County - owned property in Vero Lake Estates. These encroachments included a fence, accessory structure, retaining wall, culvert, and driveway expansion all located within a drainage & utility easement. On May 11, 2022, Code Enforcement staff issued a Notice of Violation and the case was brought before the Code Enforcement Board (CEB) on June 27, 2022, where the respondents were found to be in violation of the following: Section 312.06(1)(A) - Alteration of r -o -w without valid permit (placement of fill and structures in the r-o-w/easement without a permit or approval); Section 312.06(1)(B) - Illegal structure in County r -o -w or easement (construction of a fence, wall, driveway in the r-o-w/easement without a permit or approval); Section 312.06(1)(C) - Encroachment/Obstruction in r -o -w or easement (placement of fill, structures, and drainage improvements in the r-o-w/easement without a permit or approval); 105.1 FBC - No building permit, Violation of FL Building Code (construction of a fence, wall, driveway, and accessory building without required building permits); and Section 911.04(2)(C) - Zoning district use violation (construction of an accessory dwelling unit without site plan approval). The tenants contacted the Public Works Director, Rich Szpyrka, to determine if a portion of the County - owned property could be purchased to remedy the encroachments. On August 22, 2022, Mr. Szpyrka agreed to this solution subject to the following steps/conditions being met: Hire a surveyor to provide a boundary, topographical, and existing conditions survey for 7985 100th Avenue and a boundary, topographical, and existing conditions survey for the adjacent County property. The owner/tenant will need to have the surveyor prepare a sketch and description of the property to be acquired from the County. 158