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1997 S Settlement Agreement and Release John G McCormick v County of Orange and Orange County Board of Adjustment
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1997 S Settlement Agreement and Release John G McCormick v County of Orange and Orange County Board of Adjustment
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Last modified
9/12/2013 3:58:01 PM
Creation date
7/31/2013 12:22:16 PM
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BOCC
Date
6/30/1997
Meeting Type
Regular Meeting
Document Type
Agreement
Agenda Item
8r
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Agenda - 06-30-1997 - 8r
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\Board of County Commissioners\BOCC Agendas\1990's\1997\Agenda - 06-30-1997
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that lot #1 had an approximately 20 feet by 30 feet "envelope" <br /> within which a house could be located and that lots #2 and #3 had <br /> a buildable "envelope" of approximately 20 feet by 50 feet . <br /> On March 21 and 22, 1996, building permits were issued for <br /> . the construction of single-family homes on Lots 1, 2 and 3 . <br /> McCormick had the property surveyed in order to determine the <br /> exact location of the building "envelopes . " This survey, dated <br /> March 28, 1996, duplicated the error of the 1983 survey and <br /> contained the same incorrect dimension on the depth of the lots <br /> along Gaines Chapel Road. Subsequently, three houses were <br /> constructed on Lots 4-6 and foundations were constructed on Lots <br /> 1-3 adjacent to Gaines Chapel Road. In response to neighborhood <br /> complaints that the houses along Gaines Chapel Road were located <br /> too close to the road, the Planning Department researched the <br /> issue and determined for the first time that the subdivision plat <br /> presented by McCormick and used to define the building <br /> "envelopes" was incorrect in that it did not reflect the 15 feet <br /> right-of-way encroachment within Lots 1-3 . Therefore, the <br /> foundations constructed on lots 1-3 along Gaines Chapel Road were <br /> found to be in violation of the Zoning Ordinance in that- they <br /> were constructed 25 feet from the right-of-way line, rather than <br /> the required 40 feet . Development of Lots 4-6 and the homes <br /> constructed on those lots is not effected by the plat error <br /> affecting lots 1-3 . <br /> On April 22, 1996, the Planning Department issued Stop-Work <br /> Orders on lots 1-3 due to the violation of the setback <br /> 3 <br />
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