Coversheet

ITEM 3.
Community Development - Consent


AGENDA ITEM REPORT

DATE:	September 3, 2024
DEPARTMENT:	Community Development
REQUESTER:	Mikki Rozdolski
TITLE:	Approve Petition to Vacate at 337 Lakeview Drive, North Fort Myers

MOTION REQUESTED

Case No. VAC2023-00002. Adopt a resolution approving vacation of the public interest in a portion of the 10-foot Public Utility easement running along the south side of Lot 23, of that certain Plat of Bert’s Bayshore Manor, A Subdivision of Part of the Southwest ¼ of Section 36, Township 43 South, Range 24 East, as recorded in Plat Book 9, Page 121 of the Public Records of Lee County, Florida. (Strap # 36-43-24-01-0000A.0230)

II.	ITEM SUMMARY
	Extinguishes the public interest in a portion of the unimproved public utility easement along the rear lot line of Lot 23 of the platted lot at 337 Lakeview Drive in North Fort Myers. This action will remove encumbrances to allow for a pool deck. There were no objections from the public utility providers and all affected property owners have been notified.

III.

BACKGROUND AND IMPLICATIONS OF ACTION

	A)	Board Action and Other History
		Florida Statute 177, Lee County Administrative Code 13-1

	B)	Policy Issues

	C)	BoCC Goals

	D)	Analysis
		The completed Petition to Vacate, VAC2023-00002, was submitted by Petitioners Justin and Lauri Ballard who propose to remove encumbrances in order to allow for approval of a pool deck that was constructed in a portion of the easement to be vacated. Staff has reviewed the Petition to Vacate, VAC2023-00002, together with letters of no objection from Public Utility Providers. Public Utility Providers have no objection to the requested vacation and all affected property owners have been notified. Lee County Natural Resources has requested a hold harmless agreement to be recorded at the time of the Resolution adoption recording. The Applicant has provided the requested, executed, hold harmless agreement. Said agreement is to be held in trust by Development Services staff and recorded at the time of the Resolution recording. The vacation of the portion of the above-referenced platted easement will not alter existing drainage or utility conditions.

	E)	Options

IV.

FINANCIAL INFORMATION

A)	Current year dollar amount of item:	No funding required.
B)	Is this item approved in the current budget?	N/A
C)	Is this a revenue or expense item?	N/A
D)	Is this Discretionary or Mandatory?	N/A
E)	Will this item impact future budgets? If yes, please include reasons in III(D) above.	No
F)	Fund: Program: Project: Account Strings:
G)	Fund Type?	N/A
H)	Comments:

V.	RECOMMENDATION
	Approve

VI.	TIMING/IMPLEMENTATION

VII.	FOLLOW UP

ATTACHMENTS:
Description	Upload Date	Type
Vicinity Map	8/13/2024	Backup Material
Signed Hold Harmless Agreement	8/13/2024	Backup Material
VAC2023-00002 PTV	8/27/2024	Backup Material
090324R-C-3-RESO 24-09-05 PTV VAC2023-00002	9/16/2024	Resolution

REVIEWERS:
Department	Reviewer	Action	Date
Community Development	Rozdolski, Mikki	Approved	8/21/2024 - 9:54 AM
Budget Services	Henkel, Anne	Approved	8/21/2024 - 10:47 AM
Budget Services	Winton, Peter	Approved	8/21/2024 - 4:13 PM
County Attorney	Halverson, David	Approved	8/27/2024 - 10:26 AM
County Manager	Mora, Marc	Approved	8/27/2024 - 2:46 PM