Title:
title
Chestnut Street Right-of-Way Vacate - Adopt the Resolution vacating and abandoning fourteen (14) feet of an undeveloped public right-of-way known as Chestnut Street, in the Bookertown Subdivision, recorded in Plat Book 04, Pages 97-98, of the Public Records of Seminole County, Florida, for property more particularly known as 4515 Isaac Lane, Sanford; (Javier Perez, Applicant) District5 - Herr (Annie Sillaway, Principal Planner)
end
Division:
division
Development Services
body
Authorized By:
Mike Rhodes - Development Service Director
Contact/Phone Number:
Annie Sillaway/407-665-7936
Background:
The Applicant has petitioned the County to vacate an undeveloped portion of public right-of-way known as Chestnut Street. The portion of right-of-way subject to this vacate request is located on the south side of Lot 326 of the Bookertown Subdivision and does not impact any other lot within the subdivision. The area requested for vacation is approximately fourteen (14) feet in width and forty-five (45) feet in length, totaling approximately 630 square feet. Chestnut Street has a total right-of-way width of approximately thirty-six (36) feet; the portion proposed for vacation consists only of the northern fourteen (14) feet.
The request is intended to resolve the encroachment of an existing single-family residence into the Chestnut Street right-of-way. The home was constructed in 1960, prior to the establishment of zoning regulations. Staff does not recommend vacating the full northern eighteen (18) feet of the thirty-six (36) foot right-of-way; instead, Staff supports vacating only the fourteen (14) feet necessary to eliminate the encroachment.
If the request to vacate fourteen (14) feet of right-of-way is approved, the structure will no longer be encroaching within the right-of-way; however, the structure will still be non-conforming to the required twenty (20) foot rear yard setback. Due to the property being accessed from Isaac Lane, the portion of the lot abutting Chestnut Street is considered the rear yard.
The property is located within the Bookertown Community Development Block Grant Target Area. Under Policy FLU 5.5.4 of the Seminole County Comprehensive Plan, setback variances are not required for renovation or replacement of dwellings on existing legal lots of record in low-to-moderate income target areas, provided that front setback is not reduced below twenty (20) feet, the side yard setback is not reduced below five (5) feet, and the rear yard setback is not reduced below ten (10) feet. If the property owner decides to replace the existing structure, the Planning Manager may grant a reduced setback in accordance with Policy FLU 5.5.4.
The Applicant has provided letters of no objection from all applicable utility companies and Public Works has no objection to the requested vacate.
This request complies with the requirements for vacating a right-of-way under Section 35.184 of the Seminole County Land Development Code and the authority of Sections 336.09 and 336.10, Florida Statutes. Vacating the right-of-way will not affect access to adjacent properties and therefore, does not result in adjacent parcels becoming landlocked.
Requested Action:
Staff requests the Board of County Commissioners adopt the Resolution vacating and abandoning fourteen (14) feet of an undeveloped public right-of-way known as Chestnut Street, in the Bookertown Subdivision, recorded in Plat Book 04, Pages 97-98, of the Public Records of Seminole County, Florida, for property more particularly known as 4515 Isaac Lane, Sanford.