Title
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SV-24-01, Portion of Haverhill Waterway Canal Vacation
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Requested Motion/Action
Department Making Request
recommendation
Community Development
Approve a Resolution of Street Vacation to vacate a portion of the Haverhill Waterway Right-of-Way behind the applicant's property located at 21271 Cottonwood Avenue (Ave), consisting of 2,823? square feet, to bring an existing shed into compliance with the required setbacks of the zoning district. The area to be vacated is generally located south of Cottonwood Ave, west of Dewitt Street, north of Haverhill Waterway, east of Morningstar Waterway, within the Port Charlotte area. Located in Commission District V.
Legislative
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Agenda Item Type
Public Hearing
Budgeted Action:
No action needed.
Background (Why is this Action Necessary, and What Action will be accomplished)
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Background:
Bruce Schafer is requesting to vacate a portion of the Haverhill Waterway Right-of-Way (ROW) behind his property located at 21271 Cottonwood Ave. The total area to be vacated is 2,823? square feet and the nonconforming shed that has been built on the property and encroaching onto the ROW is currently awaiting revisions under permit #20230322038.
This request was originally approved by the Board on January 23, 2024, with an amended condition expanding the required canal maintenance easement. However, the applicant was not able to provide the revised survey of the easement within the timeframe required by the resolution, rendering the approval of the request null and void.
On July 8, 2023, this request was presented to the Planning and Zoning Board (P&Z Board) for their recommendation. The applicant did not pursue a variance because the nonconforming structure encroaches onto the ROW and the nonconformity was self-created. Thus, the request would not meet the Code requirements for approval of a variance.
It is staff's professional opinion that the proposed plat vacation generally consistent with Charlotte County's ...
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