Community Development Department Easement Encroachment A/C Units

Community Development Department Important Differences SETBACKEASEMENT 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.

Community Development Department 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.

Community Development Department Graphic Depiction Allowed in building setbacks: Manmade landscape features Driveways Sidewalks, walkways Concrete pads Mechanical equipment Overhangs Allowed in Easements: Fence – side & rear yard only Fire hydrants (front yard), back flow preventers, phone and electric boxes.

Community Development Department 3 Actual Plans

Community Development Department – Government Relief – Government 1. BINDING LOT AGREEMENT (Ord. No ) - Owner combines 2 lots into 1 1. BINDING LOT AGREEMENT (Ord. No ) - Owner combines 2 lots into ULDC REDUCED FRONT & REAR SETBACKS IN: & WHERE SIDE YD. SETBACK MEASURED & WHERE SIDE YD. SETBACK MEASURED Yard Setback SFR-2 (7500 Sq. Ft.)SFR-3 (10,000 sq. ft.)SFR-4 (12,000 sq. ft.) PriorCurrent CHG.Increased Bldg. Area PriorCurren t CHGIncreased Bldg. Area PriorCurrentCHG.Increased Bldg. Area Minimum Front 25’20’+5375 S.F.25’ Minimum Rear20’6.5’ S.F. 20’10’+10’800 S.F.20’15’+5450 S.F. Minimum Side7.5’ Minimum Side Street25’15’+10’735 S.F.25’20’+5’400 S.F.25’20’+5400 S.F. TOTAL:2,130 S.F.1,200 S.F.850 S.F.

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

Community Development Department -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?

Community Development Department A/C Configuration Existing

Community Development Department A/C Configuration Retrofit

Community Development Department A/C Configuration New

Community Development Department Options ACTION:CITY:HOMEOWNER /BUILDER CHANGE OUT Encroachment Agreement Encroachment Agreement Vacate NEW CONSTRUC- TION Encroachment Agreement Adjust Plans: Shift house A/C spec. Encroachment Agreement Vacate

Community Development Department Housing Trends Don’t Fit the Rectangle “Multi-Generational” OR “Pocket Neighborhoods”

Community Development Department Other Jurisdictions Florida - 2,600 antiquated subdivisions with 2,100,000 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.

Community Development Department Charlotte County 3 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.