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• 9.B. PUBLIC DISCUSSION - STUART AND DEBORAH SEGAL - APPEAL OF A COUNTY ADMIMSTRATOR'S DECISION - QUASI-JUDICIAL The Board reviewed an undated Memorandum: TO: James Chandler County Administrator Di . 'on Head Concurrence: j Ls. /� Robert M. Keating, Community Development'Director 4.S FROM: Stan Boling, AICP Planning Director SUBJECT: Appeal by Stuart and Deborah Segal of a County Administrator's Decision It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of September 1, 1998. BACKGROUND AND CONDITIONS: On August 11, 1998, Community Development staff received an appeal from Stuart and Deborah Segal of a county administrator's decision rendered on August 4, 1998. The administrator's decision was in response to the Segals' appeal of public works staff and planning staff decisions. The matter in contention involves the effect of a Murphy Deed Reservation on the Segal's property located at 407 S.W. 434 Avenue (see attachment #1). The Segals propose to construct a detached garage on their property, about 2-3 feet from the edge of a Murphy Deed Reservation line. It is staff s position that none of the existing Murphy Deed Reservation area should be released and that the area is to be treated as road right-of-way. Thus, staff s position is that the front yard setback required on the Segals' property (25 fat in this case) should be measured from the Murphy Deed Reservation line. It is the Segals' contention that the county shoud treat the reservation area like a drainage and utility easement and measure the required setback from the easternmost property line indicated on the Segals' deed. Ifthe Segals' opinion prevails, then the Segals could build the garage where it is presently proposed (immediately west of the Murphy Deed Reservation line). If staffs opinion prevails, then the proposed garage location would need to be moved 22-23 fat farther west, so as to provide a 25 foot setback from the Murphy Deed Reservation line. Please refer to attachment #2. •Murphy Deed Reservations In the 1930's, large acreages of land were vested in the State of Florida due to unpaid taxes. Subsequently, the State, when it issued deeds back to private owners, reserved unto itself 100' of right-of-way on each side of the center line of any abutting state road that was in existence as of the date of the deed. The State's practice of reserving these rights-of-way was based upon the 1937 Murphy Act. Such reservations are known as Murphy Deed Reservations. During the 1939s, 40s, 50's, and 60's, when the State issued deeds with the reservations, there were a number of roads under state jurisdiction. Many roads that were State roads in the past, and for which Murphy Deed Reservations were established, are now county roads. One such road is 431d Avenue. Although 43'd Avenue is now a coup y road, there are Murphy Dad Reservations over some of the properties that abut it. SEPTEMBER 1, 1998 -71- BOOK i0o PAGE 7.35