Title:
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Approve and Authorize the Chairman to execute the Hold Harmless, Release, and Indemnification Agreement for 639 Queensbridge Drive, Lake Mary, FL; District4 - Lockhart (Rebecca Hammock, Development Services Director).
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Division:
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Development Services - Planning and Development
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Authorized By:
Darren Gray, County Manager
Contact/Phone Number:
Rebecca Hammock/407-665-7396
Background:
The property owner at 639 Queensbridge Drive was issued a Notice of Violation for construction without permits for a pool screen enclosure. To remedy the violation, the property owner submitted for an after the fact building permit. However, during the review of the building permit, it was discovered that the pool screen enclosure encroaches into the required rear and side yard building and into a utility and drainage easement.
Therefore, the property owner applied for variances and subsequently a partial vacate of the subject utility and drainage easement.
The Seminole County Board of Adjustment (BOA) issued a Development Order granting the setback variances with the condition to vacate the Utility and Drainage easement prior to a building permit being issued. However, County engineers have since determined that County cannot vacate this portion of the Drainage and Utility Easement because a reinforced concrete drainage pipe that serves as a critical piece of infrastructure to convey runoff water for the subdivision is located within the Utility and Drainage easement. The County has determined that if the County loses access to the 7.5-foot portion of the drainage easement it would no longer have legal access to maintain the pipe and stormwater system for the subdivision.
Considering the County’s position on the partial vacation of the Drainage and Utility Easement, the Owner seeks to resolve the issue regarding the rear and side yard setbacks and complete the building permit process through alternative means.
Therefore, the County and the Owner agree to move forward by allowing the encroaching structure to remain in place in exchange for the Owner to release, hold harmless, and indemnify the County from any occurrences as a result of the installation, removal, repair or maintenance, or any other improvements allowed within the Drainage and Utility Easement.
If the Board of County Commissioners (BCC) approves the Hold Harmless/Estopple Letter, then the setback variances will be re-presented to the BOA to modify their prior Variance, which was contingent on the vacation of the Drainage Easement.
The Code Enforcement action for work without a permit is currently on hold until after BCC action and until the BOA can modify its prior Order and the necessary building permits are issued.
recommendation
Staff Recommendation:
Staff recommends the Board of County Commissioners approve and authorize the Chairman to execute the Hold Harmless, Release and Indemnification Agreement for 639 Queensbridge Dr, Lake Mary, FL.