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show the strips). He also asked the Board to rezone his property from agricultural to residential, <br />and affirmed that he will correct the code violations if he gets the mortgage. <br />C.N. Kirrie, owner of property adjacent to Mr Mensing's lot, provided further history on <br />the plats and asked the Board not to interfere with the public's use of the subject strip of road for <br />ingress and egress. He also mentioned that pursuant to Florida Statute, the Board may not <br />remove, at the inconvenience of others, a street that has been publicly accepted. <br />Staff responded to a senes of questions and comments from the Board regarding <br />setbacks, easements, and rights-of-way confirming that Mr. Mensing's improvements <br />constituted an encroachment upon a public roadway. <br />County Surveyor David Schryver provided background history on the 1888 Fleming <br />Grant Plat, and deemed that there is public right to the 60' strip of land that has histoncally been <br />used by the lot owners. <br />Mr. Mensing informed the Board that according to Ralph Harvey, his reverse mortgage <br />broker, he would need a quiet title action against Indian River County to settle the issue of the <br />60' strip of land. <br />Attorney Polackwich declared that with the new condition of Mr Mensing seeking a <br />quiet title judgment in his favor, and with the mortgage lender's requirement for him to pay off <br />the liens, he did not believe that his original recommendation to rescind Resolution 2008-043 <br />would resolve anything, and advised the Board to take no action. <br />Chairman Flescher agreed with Attorney Polackwich's analysis. <br />April 2, 2013 • <br />23 <br />143 PG 679 <br />