Agenda Item: 15(a)
Prepared By: Mary P. Holden, Planning Manager
Business: Consent Agenda Item
Department: Community Affairs-Growth Management
Subject:
Title
Termination Request of a Unity of Title for the Properties Located at 967 and 977 Iris Ct., Marco Island, FL 34145 – Mary P. Holden, Planning Manager, Community Affairs/Growth Management
Body
BACKGROUND:
The City has received its first termination request of a unity of title for 967 and 977 Iris Court.
As background, when an owner purchases an adjacent lot for the purpose of building on that lot, a unity of title is required to tie the two lots together, while remaining two legal lots of record. The purpose of a unity of title is to ensure that improvements on both lots meet the Land Development Code, vacate utility easements if construction is planned over the common lot line, and prevents either lot from being sold separately. A common concern is with accessory uses, such as a dock, being built on the vacant lot and then later the vacant lot and dock are sold. Accessory uses are not allowed unless the primary use is present.
Specific language in the unity of title document requires the City Council to approve the termination of the unity of title. This allows staff to review improvements on both lots for compliance with the Land Development Code and other codes.
The lots at 967 and 977 Iris Court were joined by a unity of title. However, the utility easements were not vacated because the plan did not involve construction over the common lot line. Staff have completed our review of the two lots and building files and are supportive of the termination since both lots comply with the Land Development Code.
Please find attached the letter requesting termination of the unity of title, a draft termination document, a copy of the executed unity of title, aerials of the site, and a survey of 977 Iris Court showing no improvements
FUNDING SOURCE / FISCAL IMPACT: N / A
PUBLIC NOTICE REQU...
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