City Council Meeting
City of DeBary
Subject: Mullins Easement Vacation
From: Matt Boerger
Meeting/Hearing Date: December 6, 2017
( ) Ordinance
( ) Other
( ) Supporting Documents/Contracts
Applicants, Kirby and Annette Mullins, are requesting approval of a vacation of two (2) utility easements easement between Lot 16 and 17 of DeBary Plantation Unit 15. The purpose of the applicant’s request is to provide for the future construction of the Mullins’ single-family homestead, after the successful easement vacation and lot combination. Collectively, the Mullins parcels will total approximately 2.3 acres.
The subject area to be vacated is a ten (10) foot wide utility easement and 180 feet in length, encompassing approximately 1,800 square feet in area, and oriented north/south abutting Eagle Estates Drive in DeBary Plantation. Please see the attached legal sketch and description.
Pursuant to the City of DeBary Land Development Code, Sec. 3-124 Construction in Platted Easements, principal and accessory structures, other than boat docks, boathouses and walkways, shall not be erected in platted easements. In provision of the future Mullins homestead, the Applicants is adhering to Land Development Code Section 3-124 by requesting vacation of the easements.
Finding of Fact
In support of the request, the Applicant and Planning Staff have provided for the following:
- Letters of no objection from all potential utility stakeholders and the DeBary Plantation HOA
- Advertisement of Applicant’s intent to vacate has been satisfied
- The Applicant’s request is acceptable per the DeBary Plantation development agreement and will not necessitate a variance or special exception
Approve Resolution #17-31 to vacate the subject utility easement.
City Council Action:
( ) Approved As Recommended
( ) Approved With Modification
( ) Disapproved
( ) Continued Date:
( ) Other