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It is requested that the data herein presented be given formal consideration by the Board of County <br />Commissioners at its regular meeting of March 21, 2000. <br />DESCRIPTION AND CONDITIONS <br />The County has been petitioned by Norman Wells, owner of the lot at 1346 45th Avenue, for <br />release of a one -foot portion of a ten -foot side yard drainage and utility easement. The purpose of <br />the request is clear title for sale of the lot, in that a house on the property encroaches approximately <br />one foot into the easement (see attached maps). <br />ALTERNATIVES AND ANALYSIS <br />A survey of the subject property shows that the northeast corner of the house is located 9.1 feet <br />from the north side property line, within the ten -foot wide side lot easement. County records <br />indicate that the subject house was built in 1964. Based on that time frame, staff has concluded that <br />the house is a "grandfathered" nonconformity, and therefore the legality of the building setback is <br />not at issue. <br />The request has been reviewed by Bell South Communications; Florida Power & Light Corporation; <br />T.C.I. Cable Corporation; the Indian River County Utilities Department; the County Road & Bridge <br />and Engineering Divisions; and the County surveyor. None of the utility providers or reviewing <br />agencies expressed an objection to the requested partial release of easement. Therefore, it is staff's <br />position that the requested easement release would have no adverse impact to utilities being <br />supplied to the subject properties or to other properties. <br />RECOMMENDATION <br />Staff recommends that the Board, through adoption of the attached resolution, release a portion of <br />the subject drainage and utility easement, as more particularly described in said resolution. <br />ATTACHMENTS <br />Proposed County Resolution Abandoning Easement <br />Map(s) depicting easement proposed for release <br />March 21, 2000 <br />57 <br />