Title:
title
Adopt the Resolution vacating and abandoning two (2) five (5) foot wide platted utility easements located along the east side of Lot 11 and the west side of Lot 12, and a portion of a seven and one half (7.5) foot platted utility easement located along the north side of Lots 11 and Lot 12 of the Orange Blossom Business Park Plat as recorded in Plat Book 50, Page 72 of the Public Records of Seminole County, Florida, more particularly known as 2710 Pemberton Drive, Apopka; (Brian Reece, Reeco Properties LLP, Applicant) District3 – Constantine (Jose Gomez, Development Services Director)
end
Division:
division
Development Services
body
Authorized By:
Jose Gomez, Development Services Director
Contact/Phone Number:
Kaitlyn Apgar/407-665-7377
Background:
The Applicant has petitioned Seminole County to vacate and abandon two (2) five (5) foot wide platted utility easements located along the east side of Lot 11 and the west side of Lot 12, as well as one and one half (1.5) feet of the existing seven and one half (7.5) foot utility easement in the rear of Lots 11 and 12 of the Orange Blossom Business Park Plat as recorded in Plat Book 50, Page 72. The purpose of the request is to vacate two (2) utility easements that conflict with the location of structures on-site due to the combination of Lots 11 and 12. The existing 10,000 square foot warehouse is constructed over the two (2) five (5) foot wide platted utility easements located along the east side of Lot 11 and the west side of Lot 12. Additionally, the two (2) existing accessory structures encroach into the seven and one-half (7.5) foot utility easement located along the north side of Lot 11 and Lot 12 by approximately thirteen (13) inches.
The area subject to the vacate request in between Lots 11 and 12 is a total of ten (10) feet in width, with a five (5) foot wide portion on each platted lot, and 182.5 feet in length. The rear easement subject to the vacate request includes the southernmost one and one-half (1.5) foot portion of the seven and one-half (7.5) foot utility easement. The total area of the vacate request is 2,080 square feet. The Applicant is requesting the vacate in order to bring the property into compliance with the Seminole County Land Development Code. On October 26, 2005, a site plan was approved for a warehouse at 2710 Pemberton Drive, without vacating the utility easements between Lot 11 and Lot 12; therefore, the easements remain with utility easement entitlements running through the center of the warehouse building.
Code Enforcement Case History:
The code enforcement case began in 2022 due to the unpermitted construction of a second-floor area and exterior canopies (accessory structures) without the required building permits. The applicant applied for retroactive permits on December 31, 2022. Despite multiple deadlines and extensions imposed by the Special Magistrate (from February 2023 through August 2024), compliance has been delayed due to ongoing permit reviews, corrections, and planning requirements. At one point, the structures were to be removed, but tenant objections led the applicant to pursue full permitting instead. Additional delays occurred due to the need for a Major Amendment to the Planned Development (Bear Lake PD) and site plan approval. Throughout the process, the applicant and property owner have remained cooperative with Code Enforcement and Planning staff.
It was determined during review that the accessory structures encroach into the seven and one half (7.5) foot rear utility easement, which necessitated this vacate request.
The request to vacate and abandon a portion of the rear utility easement is necessary in order to allow retroactive permitting for the three (3) accessory structures, thus allowing compliance with the Seminole County Land Development Code and the structures to remain. The utility easements existing between Lots 11 and 12 were added to the request in order to bring the overall site into code compliance.
The Applicant has provided letters of no objection from all applicable utility companies and Seminole County staff has no objections to the vacation and abandonment of the utility easements as requested.
This request complies with the requirements for vacating easements under the authority of Section 35.181, Seminole County Land Development Code, and Section 177.101 of the Florida Statutes.
Requested Action:
Staff requests the Board adopt the Resolution vacating and abandoning two (2) five (5) foot wide platted utility easements located along the east side of Lot 11 and the west side of Lot 12, and a portion of a seven and one half (7.5) foot platted utility easement located along the north side of Lots 11 and Lot 12 of the Orange Blossom Business Park Plat as recorded in Plat Book 50, Page 72 of the Public Records of Seminole County, Florida, more particularly known as 2710 Pemberton Drive, Apopka.