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Home My WebLink About2002 06 10 Other, Document was Referenced by Sharon Tackaberry Date: 061002 The following Document was referenced to by Sharon Tackaberry on 6/10/02 and was given to the City Clerk for copies to be provided to the City Commission. ~06/06/02 THU 12:22 FAX 407 423 4495 LDDKR l(!JUU4 (".......c:.==.. L" .-. . LOWNDES DROSDICK DOSTER KANTOR & REED, P.A. lIS NORTtl EOLA DRIVE ORLANDO, FLORIDA 32801 450 SOOTH ORANGE A VENUE, SUITE 800 ORLANDO, FLORlDA 32801 I'OST OFrICl:. BOX 2809, ORlANDO, FI.ORTDA 32802-2809 TEL.: 407-843-4600 I FAX: 407-&43-4444 www.lowndes-Illw.com Attorneys at Law GARY M. KALF.I1'^ Nonb EoIa Drin Otrlcr OirccC Di01l: (407) 41U:JJ4 E-moU: 1l.t')'.ka",illl(l4IowDdcs-I~"'.tom June 6, 2002 VIA FACSIMILE Anthony A. Oarganese Brown, Ward, Salzman & Weiss, P.A. 225 East Robinson Street, Suite 660 Orlando, FL 32801 Re: . Oak Fo.-est Unit 7 SubdivisioD Issue Dear Mr. Garganese: In follow-up to our telephone conversation on Wednesday, I spoke with Sandy Bierly yesterday, who advised me that she is offering to assist the homeowners in obtaining a price quote from Bowyer- Singleton and Associates with regard to the cost of rcplatting the properties in question. Since the Bowyer-Singleton company performed the surveying and engineering work for Ms. Bierly's development, the company is already familiar with the monumentation on the properties. In light of the fact that this is a non-pr.ofit enterprise, we are hoping that Bowyer-Singleton can provide the engineering and surveying services associated with a replat at a discount However. depending on the actual cost involved, the owners may still wish to proceed with a request for a variance, approval of which they understand would be conditioned upon their execution of Binding Lot Agreemenlc; with re.-pect to th.e affected parcels. As such, the owners likely will not know until after Monday night's meeting which method they would prefer to pursue. In light of this, they would like to keep their options open at the moment. I have enclosed a copy of Item C appearing on the Commission Agenda for Monday night's meeting. In order to permit the possibility that the owners might wish to pursue a varian.ce, I would propose a slight modification to the wording of Paragraph 8 of the "Considerations," as well as Paragraph A of the "Staff Recommendation." The suggested language would make it clear that a replatting would not be required if another legal means approved by the City could accomplish the same goal. This would permit a variance if that is the option that the homeowners wish to pursue after ^ fOUlldillg member of Commtn:illl Law Affiliates. II worldwide necwortc of inclependt!Jlt law fllTllli. 86106102 THU 12:22 FAX 407 423 4495 LDDKR I(!Jvva Anthony A, Garganese June 6, 2002 Page 2 analyzing the relative cost involved. Of course, T understand that approval of a variance would still be in the City's discretion W1der the City Code. I would appreciate your confirming whether these adjustments could be made or approved at Monday night's meeting. Jf not, it may be appropriate to defer this matter to a subsequent meeting, by which time the owners will have had the oppor\W1ity to complete their cost analysis. If you eould let me know before Monday how you would like to address this issue, I can advise the homeowners. I look forward to hearing from you. Very truly yours, Gary M. Kaleita GMKJjl Enclosures 099994/4SI03/S608SOvI c: John Seale (w/encl. via lax) , ,> 1;' 06/66/02 THU 12:21 FAX 407 423 4495 LDDKR - 115 NORTH EOLA DRIVE O'RLANDO, FLORIDA 32$01 450 SOUTH O'RANGE AVENUE. S~ 800 ORLANDO', FLORll>A 31801 LOWNDES DROSDICK DOSTER KANTOR & REED, P.A. POST OFfiCE BOX 2809, ORLANDO, FWRIDA 32802-2809 TEL.: 407-&43-4600 I FAX: 407-843-4444 www.lowndes-Iaw.com Attorneys at Law GARY M. ~U;JTA Nurtb tola Drne OffICe Dirtcl DUll: (407) 41B-')34 E-mail: glry.blellll@klWndt.....w.COlU June 6, 2002 Sandy Bailey Bowyer-Singleton & Associates, Inc. - 4 0 7. '8 <..( 3. 5" I t2. 0 520 S. Magnolia Orlando, FL 32804' Re: Oak Forest Unit 7 Replatting Issue Dear Sandy: I have enclosed for your information various materials pertaining to an issue involving a request by the City of Winter Springs that certain lot owners in Oak Forest Unlt 7 replat their properties. The nature of the problem is as follows: 1. A number of platted lot owners in Oak. Forest Unit 7 joined together in order to acquire a small strip of unplatted property behind their lots. 2. Unfortunately, when they acquired this property they arranged for the seller to deed them individual portions of this strip, so that each would own that portion of the strip which was located behind each owner's lot. 3. The City of Winter Springs has asserted that their acquisition of this strip constituted a violation of the City Code pertaining to subdivision of land. 4. Following tl!e conveyances, the City abandoned an unused right-of-way located behind the strip of land. such that one-half of the rigbt_of_waythen.reverted.to tbese lQt o~ers, as owners of portions of this strip ofland. 5. The City has taken the position that it will be necessary for each lot owner to replat their lot to include not only the existing platted lot, but also the portion of the strip of land that the owner bas title to which is located behind such owner's lot, as well as the portion of the abandoned right-of-way lying behind the extra strip of land. ^ foundin& member ofCcmmtrCial Law AffiIiaLts. 0 worldwide network ofindcpcndcnt law firms. 06/06/02 THU 12:21 FAX 407 423 4495 \ LDDKR ~UUJ Sandy Bailey June 6, 2002 Page 2 I was given YOUt name by Ms. Sandy Bierly, who is developing the project which is located behind these lots. Ms. Bierly indicated that she is utilizing your company for engineering and sUlVeying work involving her project, and she said that your company is therefore already familiar with the site and the monumentation involved. As such, Ms. Bierly felt that you might be able to offer the homeowners a reasonable price quote to perfo.nn the replatting which the City requites. I have been advised by City attorney Anthony Garganese that as a legal proposition the City might consider a request for a variance from the subdivision regulations as long as the owners are willing to execute and record Binding Lot Agreements confirming that none of the three separately described parcels belonging to each owner would be sold or mortgaged independently of the other two. Obviously, however, a replat would be a cleaner way to address this issue, but the owners are cost conscience and do not necessarily wish to proceed with a replat if it would involve a significantly higher expense than obtaining a variance from the City. In either case, it would obviously be necessary to obtain title searches, prepare legal descriptions, obtain joinders of mortgage companies, and similar matters, however, the owners would basically like to know what the engineering and surveying work associated with a replat would cost. I would appreciate your calling me after you have had an opportunity to review the enclosed documents so that we can discuss them. I am willing to meet with you if you think it would be helpful in your review of the situation, and look forward to hearing from you. Best regards. Very truly yours, ary reil. GMK/jI Enclosures 099994/4SI03/S60805vl_, _, __"' c: John Seale (w/encls.) Sandy Bierly (w/encls.)