Item VII (A) Discussion/ Action re: Mr. & Mrs. Sullivan re: Decision by Don Flippen in reference to a Sidewalk to a Boat Dock at their Residence Agenda 8-04-98
Item VII A
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER
S.SCOTT VANDERGRIFT
Ocoee
o� CITY OF O C O E E DCOMMISSIONERS
ANNY HOWELL
t► • - 150 N.LAKESHORE DRIVE SCOTT ANDERSON
v Q OCOEE,FLORIDA 34761-2258 SCOTT A.GLASS
O NANCY J.PARKER
w (407)656-2322
,� CITY MANAGER
E'P
Op Gov`> ELLIS SHAPIRO
STAFF REPORT
TO: THE HONORABLE MAYOR AND BOARD OF CITY
COMMISSIONERS
FROM: D.W. FLIPPEN, BUILDING AND ZONING OFFICIAL 1�.
DATE: JULY 30, 1998
SUBJECT: CONSTRUCTION OF CONCRETE STRUCTURES
WITHIN PLATTED CONSERVATION EASEMENTS
ISSUE
Should the Honorable Mayor and Board of City Commissioners consider
amending our current City Code and Conservation and Drainage Easement
Agreements to permit the construction of concrete structures within platted
conservation easements?
BACKGROUND/DISCUSSION
Mr. Charles Sullivan applied for a City Building Permit to construct a concrete
sidewalk on his property located at 879 Chauncey Court, Lot 22 in the Admiral
Pointe Subdivision. Approximately 30 feet of the proposed sidewalk was to be
located within a platted conservation easement.
According to the Recorded Conservation and Drainage Easement Agreement for
the Admiral Pointe Subdivision, the purpose of the conservation easement is to
preserve the property in its natural condition in perpetuity and allow for
natural drainage and stormwater to run off over and upon the property.
The construction of structures on or above the ground with the exception of
docks for single family residences are prohibited. It has been our interpretation
of the Conservation Easement Agreements to only permit wooden sidewalks to
be constructed within the easements to gain access to a permitted wooden
dock.
Staff Report - D.W. Flippen
July 30, 1998
Page 2
Due to the location of the 30 feet of sidewalk being within a platted
conservation easement, the City Planning Director denied the issuance of the
permit. It was explained to Mr. Sullivan that he could construct an elevated
wooden walkway within the platted conservation easement. Mr. Sullivan does
not agree with the Planning Director's denial of his permit and has requested to
appear before the Board of City Commissioners to request a change in the City
Code and Conservation and Drainage Agreements that would permit the
construction of concrete structures within platted conservation easements.
RECOMMENDATION
I would respectfully recommend to the Honorable Mayor and Board of City
Commissioners that the City Code or the Conservation and Drainage Easement
Agreements not be changed to permit the construction of concrete structures
within platted conservation easements due to the following reasons:
1) Conservation easements should remain in their natural state with minimum
structures. Elevated wooden walkways to docks provide the least
disturbance to the easement.
2) Elevated wooden walkways do not restrict the natural flow of run-off water.
3) Concrete walkway could retain surface water which could cause mold and
may become slippery.
4) The use of chemicals to control mold or discoloration to concrete walkway
would effect the natural state of the conservation easement.
FROM : CHARLES SULLI()RN PHONE NO. : 487 654 4242 Jul. 28 1998 09:40AM P2
ADMIRAL POINTE
879 Chauncey Court
Ooocc,Florida 34761-4308
Phone 407 654-4242 ------
Fax 407 654-424
July 28, 1998
Ellis Shapiro
City Manager
150 N. Lakeshore Drive
Ocoee,Florida 34761
Dear Mr. Shapiro;
We are in receipt of your letter, dated July 14, 1998 advising us to bring the matter of our
intentions to build a concrete sidewalk between our home and our boat dock before the City
Commissioners.
Our request for a building permit to have this work professionally accomplished was approved
only up to the Conservation Easement extending across our back yard. The remainder,
approximately 30 feet, must be done in wood according to the Planning Director. Such a
measure would defeat the purpose of our request. It was,and still is, our intention to provide a
solid concrete walking surface set flush with the existing terrain to provide the members of our
family with a sure footed means of accessing the dock.
We think that the current land development code, as it applies to homeowners, is too restrictive
because it deprives homeowners of reasonable use of their land. No one in the Planning
Department said anything about any such restrictions when we asked for and received a building
permit to have the dock built.
Several questions we would like to put before the City Commissioners are;
(I) Why give a homeowner a building permit to build a dock and then deny him
reasonable access to it?
(II) Is it any more sensible to build an elevated wooden sidewalk than a solid concrete
walk set into the earth so as to follow the contour of the berm?
(III) Based on current policies, will the city be able to handle all such requests from other
homeowners, in the very near future, on a fair an equal basis?
We are asking to meet with the City Commissioners on August 4, 1998 to discuss the possibility
of changing the current policies that affect the private use and enjoyment by a homeowner of his
own land.
.-i
Sincerely, ��