Public Beach Access Easement Enforcement sign now

The undersigned hereby petition the Board of County Commissioners, Brevard County, FL, to undertake the following action regarding the rope fence which was recently constructed without their prior written approval, and without review by or on behalf of the public, within the Public Beach Access Easement located at Coral Palm Condominium, 2875 N Highway A1A, Indialantic, FL 32903. The location of the easement more particularly described as:

The North 30 feet of Lots 4 / 5, Plat of Frank J Krajic Subdivision, According to the Plat Thereof as Recorded in Plat Book 10 Page 17 of the Public Records of Brevard County, Florida.

The above-mentioned fence was constructed on or about 15 December 2006 by Coral Palm Condominium Association in violation of the Easement Deed, dated 28 February 2001, as recorded with survey/ site plan in Official Record Book 4299 Page 1645 of the Public Records of Brevard County, Florida.

The intended purpose of the Easement Deed was for the dedication of a public access easement for pedestrian and bicycle access to the beach. The Developer, CPO Development, granted a 30 foot wide easement, the maximum allowable, to obtain the maximum credit allowed for their breezeway/visual corridor requirement, as per CHAPTER 62- CODE OF ORDINANCES - County of BREVARD, FLORIDA LAND DEVELOPMENT REGULATIONS, DIVISION 6. SUPPLEMENTAL REGULATIONS, Sec. 62-2105.

The undersigned hereby petition The Board of County Commissioners:

1) To direct Coral Palm Condo. Association to remove the above-described rope fence and to deny them approval for any such or similar fence that limits or obstructs any access to the beach dune cross-over from within any part of the easement and/or that limits or obstructs any access to any part of the easement from within the easement.

2) That if approval of a fence is not withheld, that it be granted only for a fence that meets the following situation and design criteria:

a) No part of the fence shall be placed within 10 feet of the existing paved walkway in order to allow the convenient and free flow of all anticipated pedestrian and bicycle traffic.

b) No part of the fence shall limit access to nor be located within 20 feet of the dune crossover entrance.

c) No part of the fence shall limit access to nor be located within 90 feet of the highway.

d) No part of the fence shall be longer than 50 feet and that required intermissions of the fence be a minimum of 20 feet in length.

e) The fence shall not deny access to any part of the easement from within the easement nor deny access from within any part of the easement to either the highway or the dune crossover.

3) That the fence complies with all of the county ordinances regulating fencing near or within a designated breezeway/visual corridor, is compliant with any applicable building code(s), that a site plan be reviewed by the appropriate regulatory authority and found to be compliant with the intended purpose of this petition and/or any applicable safety, breezeway, or pedestrian / bicycle walkway codes or standards before such approval is granted, and that field inspections are performed by the appropriate governmental agency to verify proper compliance.

4) That in the spirit of give & take in which the easement was granted and accepted in lieu of the developers accumulated breezeway/visual corridor requirement, the Condo. Association shall, in return for approval, be directed to appropriately place and maintain a trash receptacle within the easement and continue to maintain the easement as per the Easement Deed.

5) To direct Coral Palm Condo. Association to remove all non native plants and replace them with native plants as per the Easement Deed & Survey, OR 4299/1645.

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Flora RayBy:
Politics and GovernmentIn:
Petition target:
Board of County Commissioners, Brevard County, FL

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