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Easement EncroachmentEasement EncroachmentA/C Units A/C Units

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Important Differences   SETBACK EASEMENT

What is it? Distance from property line to house (existing or proposed) in which no building is to occur.

Legal right granted by property owner to public, individual, or corporation to use property for specific purpose. Description recorded, appears in Title searches and surveys for the property/lot.

Why? Creates open space; separation between neighbors to provide privacy, mitigate noise and odors; access for emergency and utility workers; space for maintenance on the home; allows for air and light to the lot; adequate spaces for cars to park without blocking sidewalk; establishes neighborhood look.

Allows use of property by another for a specific purpose (runs with the land, not the property owner).

Who administers? Government through zoning codes - City of Palm Coast through Unified Land Development Code

Easement holder (electric, cable, phone, drainage).

What types are there? 4 – Front, rear, side – interior; side – corner

Multiple; public or private uses.

How does this affect construction? Building cannot encroach into setback, but overhangs, driveways, a/c units, pool equipment, etc., can.

Easement holder has legal right to use property; property owner cannot negatively affect the purpose for which the easement was granted.

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Historical Perspective • ITT platted approximately 46,000 single family lots,

average 80 ft. wide, 125 ft. deep – 10,000 sq. ft.

5 ft. wide easement granted by plat and deed restrictions on all lots, all four sides.

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Graphic Depiction Allowed in building

setbacks:•Manmade landscape features•Driveways•Sidewalks, walkways•Concrete pads•Mechanical equipment•OverhangsAllowed in Easements:•Fence – side & rear yard only•Fire hydrants (front yard), back flow preventers, phone and electric boxes.

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3 Actual Plans

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Relief – Government – Government

1. 1. BINDING LOT AGREEMENT (Ord. No. 2004-BINDING LOT AGREEMENT (Ord. No. 2004-10) - Owner combines 2 lots into 110) - Owner combines 2 lots into 1

2. 2005 ULDC REDUCED FRONT & REAR 2. 2005 ULDC REDUCED FRONT & REAR SETBACKS IN:SETBACKS IN:

& WHERE SIDE YD. SETBACK MEASURED& WHERE SIDE YD. SETBACK MEASURED

Yard SetbackSFR-2 (7500 Sq. Ft.) SFR-3 (10,000 sq. ft.) SFR-4 (12,000 sq. ft.)

Prior Current CHG. Increased Bldg. Area

Prior Current

CHG Increased Bldg. Area

Prior Current CHG. Increased Bldg. Area

Minimum Front

25’ 20’ +5 375 S.F. 25’ 25’ 0 0 25’ 25’ 0 0

Minimum Rear 20’ 6.5’ +13.5

1020 S.F. 20’ 10’ +10’ 800 S.F. 20’ 15’ +5 450 S.F.

Minimum Side 7.5’ 7.5’ 0 0 7.5’ 7.5’ 0 0 7.5’ 7.5’ 0 0Minimum Side Street 25’ 15’ +10’ 735 S.F. 25’ 20’ +5’ 400 S.F. 25’ 20’ +5 400 S.F.TOTAL: 2,130 S.F. 1,200 S.F. 850 S.F.

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1. Property owner asks PERMISSION to use land:1. Property owner asks PERMISSION to use land:ENCROACHMENT into easement granted by Easement ENCROACHMENT into easement granted by Easement Holder Holder -Removable equipment or structures;-Removable equipment or structures; -Property owner acknowledges easement holder not -Property owner acknowledges easement holder not responsible for any damage, etc. responsible for any damage, etc. 2. Property owner asks to REMOVE easement:2. Property owner asks to REMOVE easement: VACATE EASEMENT – Owner, following State law, VACATE EASEMENT – Owner, following State law, petitions easement holder to relinquish petitions easement holder to relinquish rights, rights, vacation shows on Title Policy.vacation shows on Title Policy.

Relief: PrivatePrivate

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-Lot dimensions, setbacks, easements established by developer;-City reduced front & rear setbacks, measurement of side yard to allow more building; B.L.A.-Side Yards function as “alleys” – pool equipment, a/c, trash cans, service meters, storage, generators, leaving back yard for enjoyment. Allows for privacy, air circulation, light, open space, access and maintenance;-Use of lot covered by easement possible, but requires property owner to address.

What about Palm Coast?

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A/C Configuration• Existing

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A/C Configuration • Retrofit

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A/C Configuration • New

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Options

ACTION: CITY: HOMEOWNER/BUILDER

CHANGE OUT

EncroachmentAgreement

• Encroachment Agreement• Vacate

NEW CONSTRUC-TION

EncroachmentAgreement

Adjust Plans:•Shift house•A/C spec.•Encroachment Agreement•Vacate

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Housing Trends Don’t Fit the Rectangle“Multi-Generational” OR “Pocket

Neighborhoods”

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Other JurisdictionsFlorida - 2,600 antiquated subdivisions with2,100,000 lots, all carry a right of vested development. Legislature studied and attempted to address numerous times.

Charlotte County – 203,085 lots (+10% State supply) 131,718 (64.8%) vacant – represents 100-year supply of vacant residential lands (EAR). 1% annual reduction in platted lots using Transfer of Density Units program.

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Charlotte County3 ways property owner uses land encumbered by County easement:1.Request release;2.Request occupation;3.Request partial release and occupation.If “blanket” easement to multiple entities, property owner executes Easement Encroachment Agreement – encroachment removed at property owner’s expense.