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<br />11
<br />The rationale for removing the development condition restricting Lots 1420 to
<br />one single-family unit per lot is set out in the attached letter from Bruce Barkett
<br />dated July 27, 1998 on behalf of the property owners of Lots 1420. (Exhibits A
<br />through D referenced in Mr. Barkett's letter are available for review in my office.)
<br />Residents of Colonial Terrace, the subdivision immediately west of Lots 1420
<br />ow Lots
<br />are opposed to any change in development conditions which would all
<br />1420 to be developed as other than single-family homes. The other lots at
<br />Colonial Heights are developed as multi familiy.
<br />RECOMMENDATION:
<br />Approve the attached resolution removing the development condition which
<br />restricts Lots 1420 of Colonial Heights Subdivision to single-family use.
<br />-ROAM CW7}� NKAI. OTAT= LAW VOL
<br />--ALSD AOY7Tm N TIO ONf77rr =- CN;I,MA
<br />John Tippen, Chairman
<br />Indian River Board of County Commissioners
<br />1840 25th Street
<br />Vero Beach, FL 32960
<br />Re: Colonial Heights Subdivision, Lots 14 through 20
<br />Dear Mr. Chairman:
<br />I represent the Heran family, which owns several lots in Colonial Heights Subdivision,
<br />in h,dmg lots 14 through 20. Colonial Heights is a 25 lot multi family subdivision; however, when
<br />placed, the County Commission imposed a restriction on the plat which restricted lots 14 through
<br />20 to single-family units.
<br />Every property owner in Colonial Heights Subdivision has agreed to the revocation of this
<br />restriction on the plat. I enclose copies the Revocations signed by each property owner (Exhibit A).
<br />These Revocations have bees recorded in the public records.
<br />The purpose of this letter is to request that the County Commission endorse the property
<br />owners' Revocation by adopting a county resolution revoking that sentence on the plat which states:
<br />Lots 14 through 20 are restricted to one single-funfly unit per lot.
<br />The zoning on this subdivision at the time of platting was RM -s, which permitted multi_
<br />family development. Today, the land use designation is L-2, and the zoning is RM -6, which still
<br />Permits muhl-61111Hy development. The restriction to single-family development was imposed upon
<br />the developer as a condition by the County in 1980. The restriction was probably not valid at the
<br />time, and is not valid today. In Florida, once all legal requirements are met for plat approval, the
<br />approval process is not discretionary with the County Commission. In other words, as long as the
<br />zoning at the time permitted mull -family development, and the preliminat}, pial met all of the
<br />objective requirements in the ordinance, such as for right of way, open space, drainage, lot
<br />dimensions, etc., then the County Commission could not lawfully impose other conditions not
<br />NOVEMBER 17, 1998
<br />-55-
<br />Boa 107
<br />PAGE 670
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<br />-ROAM CW7}� NKAI. OTAT= LAW VOL
<br />--ALSD AOY7Tm N TIO ONf77rr =- CN;I,MA
<br />John Tippen, Chairman
<br />Indian River Board of County Commissioners
<br />1840 25th Street
<br />Vero Beach, FL 32960
<br />Re: Colonial Heights Subdivision, Lots 14 through 20
<br />Dear Mr. Chairman:
<br />I represent the Heran family, which owns several lots in Colonial Heights Subdivision,
<br />in h,dmg lots 14 through 20. Colonial Heights is a 25 lot multi family subdivision; however, when
<br />placed, the County Commission imposed a restriction on the plat which restricted lots 14 through
<br />20 to single-family units.
<br />Every property owner in Colonial Heights Subdivision has agreed to the revocation of this
<br />restriction on the plat. I enclose copies the Revocations signed by each property owner (Exhibit A).
<br />These Revocations have bees recorded in the public records.
<br />The purpose of this letter is to request that the County Commission endorse the property
<br />owners' Revocation by adopting a county resolution revoking that sentence on the plat which states:
<br />Lots 14 through 20 are restricted to one single-funfly unit per lot.
<br />The zoning on this subdivision at the time of platting was RM -s, which permitted multi_
<br />family development. Today, the land use designation is L-2, and the zoning is RM -6, which still
<br />Permits muhl-61111Hy development. The restriction to single-family development was imposed upon
<br />the developer as a condition by the County in 1980. The restriction was probably not valid at the
<br />time, and is not valid today. In Florida, once all legal requirements are met for plat approval, the
<br />approval process is not discretionary with the County Commission. In other words, as long as the
<br />zoning at the time permitted mull -family development, and the preliminat}, pial met all of the
<br />objective requirements in the ordinance, such as for right of way, open space, drainage, lot
<br />dimensions, etc., then the County Commission could not lawfully impose other conditions not
<br />NOVEMBER 17, 1998
<br />-55-
<br />Boa 107
<br />PAGE 670
<br />
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