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File #: 24-1123A    Version: 1
Type: Petition to Vacate Status: Passed
File created: 6/17/2024 Department: Board of County Commissioners
On agenda: 7/16/2024 Final action: 7/16/2024
Title: Petition of James Kasper, as manager of Trustee Asset Services, LLC, a Florida Limited Liability Company, which serves as Trustee of the Hibiscus Land Trust, vacating the North 107.44 feet of the West 15 feet of a 30 foot right of way of Cocoanut Avenue, Lying East of Lot 1, Harbor View "A," Plat Book 9, Page 54, Lying in section 29-30-15, Pinellas County, Florida. (Legislative Hearing).
Attachments: 1. Final Letter to Petitioner with recorded RES 24-38, 2. Recorded RES 24-38, 3. Adopted RES 24-38, 4. Resolution, 5. Exhibit.pdf, 6. Location Map, 7. Electronic Affidavit of Publication, 8. Presentation, 9. Email from County Attorneys office.pdf, 10. 5 Comment Card, 11. Electronic Affidavit of Publication, 12. Affidavit of Publication

Subject:

Title

Petition of James Kasper, as manager of Trustee Asset Services, LLC, a Florida Limited Liability Company, which serves as Trustee of the Hibiscus Land Trust, vacating the North 107.44 feet of the West 15 feet of a 30 foot right of way of Cocoanut Avenue, Lying East of Lot 1, Harbor View "A," Plat Book 9, Page 54, Lying in section 29-30-15, Pinellas County, Florida. (Legislative Hearing).

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Recommended Action:

Recommended Action

Approval of the petition to vacate a portion of the unimproved right of way known as Cocoanut Avenue.

 

                     This item was continued at the Board of County Commissioners meeting held on May 7, 2024, in order to address community concerns with access to the right of way.

                     The request has been revised from the full right of width down to 15-feet in order to keep a public accessible route open for the adjacent community. The revision to 15-feet was based on community feedback. 

                     The modified request is for the vacation of a 15-foot wide portion of an unimproved right of way adjacent to the petitioner’s property.

                     The request will provide for an additional side yard on the petitioner’s property as part of the development of a single-family home.

                     County staff has no objection to the vacation request.

                     If the petition is granted, the Board of County Commissioners is asked to adopt the attached Resolution pursuant to Florida State Statue 336.09.

 

Authorize the Clerk of the Circuit Court to record the resolution in the public records of Pinellas County.

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Strategic Plan:

 

Deliver First- Class Services to the Public and Our Customers

5.2 Be responsible stewards of the public’s resources

5.3 Ensure effective and efficient delivery of County services and support 

5.4 Strive to serve the needs of all Pinellas County residents and customers

 

Summary:

The purpose of the request is to vacate a 15-foot wide by 107-foot-long portion of an unimproved right of way known as Cocoanut Avenue that is adjacent to the petitioner’s property. The Petitioners are proposing to develop the property with a single-family home. The vacation will allow for a larger side yard area on the property.

 

The original request heard by the Board on May 7, 2024 was for the full right of width of Cocoanut Avenue. There were concerns from adjacent property owners that access from gates onto Cocoanut Avenue would be blocked. Staff met with the petitioner and they agreed to modify the request to 15-feet width (half the right of way width), leaving a 15 feet publicly accessible path open. Staff met with the adjacent property owners on this modified request.

 

Background Information:

 

County staff reviewed the request pursuant to Pinellas County Land Development Code Section 154-272, Criteria for Consideration, and have no objections to the vacation request. The petition was properly advertised in accordance with Florida State Statute 336.10. Notices were mailed by the Clerk of the Court to property owners within 250 feet of the subject property and a sign was posted on the property. The Deputy Clerk will report to the Board any citizen support or opposition.

 

Letters of no objection were received from Pinellas County Utilities, TECO Gas, TECO Electric, Spectrum, Frontier and WOW!

 

Fiscal Impact:

$750.00 has been received as a Petition Fee from the Petitioners for this request.

 

Staff Member Responsible:

Kevin McAndrew, Director, Building Development and Review Services
 

Partners:

N/A

 

Attachments:

Resolution
Exhibit A
Location Map
Advertising Packet
Presentation