PLACEMENT: Consent
TITLE:
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HERITAGE OAKS - REQUEST FOR APPROVAL OF RETAINING WALL LOCATED IN MARSH AREA
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EXECUTIVE SUMMARY:
executive summary
Code enforcement action was initiated against Gregory Porter regarding construction of a retaining wall without a permit in the Marsh area of the Heritage Oaks subdivision adjacent to property located at 10482 SE Banyan Way, Tequesta. The Marsh area is not a designated preserve area. Paragraph 7 of the Certificate of Ownership and Dedication prohibits alterations or structures within the Marsh area except for erosion control or access approved by the Board. Mr. Porter requests approval of the retaining wall which he constructed within that portion of the Marsh area which he owns.
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DEPARTMENT: County Attorney
PREPARED BY: Name: Krista A. Storey
Title: Senior Assistant County Attorney
REQUESTED BY: Gregory Porter
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
In 2016, code enforcement action was initiated against Gregory Porter in reference to his construction of a retaining wall without a building permit in the Marsh area of Heritage Oaks adjacent to his home located at 10482 SE Banyan Way, Tequesta. Heritage Oaks is a subdivision platted in 1977. Ownership of the Marsh area was the subject of conflicting claims between Mr. Porter and The Heritage Oaks Home Owners, Inc. and delayed resolution of the code enforcement case. Those matters were resolved through a Settlement Agreement between the parties and Mr. Porter now owns the portion of the Marsh area on which the retaining wall was constructed. Mr. Porter has applied for the required building permit and the code enforcement case has been closed.
The remaining issue involves Paragraph 7 of the Certificate of Ownership and Dedication of the Heritage Oaks plat which prohibits alterations or structures within the Marsh or Preservation areas except for erosion control or access approved by the Board of County Commissioners. The Marsh area is not a designated preserve area subject to a preserve area management plan. Mr. Porter is requesting approval of the retaining wall, an erosion control structure, located in the Marsh area.
Attached are copies of the Heritage Oaks plat and the Settlement Agreement. A draft resolution approving the retaining wall is also attached for the Board’s consideration.
ISSUES:
None
LEGAL SUFFICIENCY REVIEW:
This item has been reviewed for legal sufficiency.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board adopt the attached resolution approving the retaining wall.
ALTERNATIVE RECOMMENDATIONS
None
FISCAL IMPACT:
RECOMMENDATION
Move that the Board approve the retaining wall pursuant to the attached resolution.
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ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☐Other: