Mr. Anzek advised that in accordance with State law passed in 2008, |
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notification requirements must go to those property owners adjacent or |
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contiguous. It was somewhat new for the City and only the second time it |
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had been done. Prior to that, site condos and plats did not require any |
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notification. He said that Mr. Goschnick raised good legal questions |
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about the structure of the association. It was more of a private contract |
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between property owners, and the City did not get involved. He would |
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defer to Mr. Garrett as to how they would structure their Master Deed, |
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which might become part of the Avon Lakes overall Homeowner’s |
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Association. Some mechanism would need to be in place, because the |
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Limited Common Element would be a taxable parcel, and a tax bill would |
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be submitted to the property owners. Whether that burden became a cost |
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to the Avon Lakes Homeowner’s Association, he was not sure. As far as |
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the Mac Kary requirements, if there were Deed Restrictions, the City did |
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not enforce them. If there were issues with RVs or boats or other things, |
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the City would enforce its ordinances for property maintenance and code |
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compliance. He realized that the term “site condo” did cause confusion, |
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and some people did not understand it. It was basically a way of dividing |
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property that was once platted. The State put that into play many years |
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ago, and it was the only tool available to the Garretts to divide the |
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property. The minimum lot size was 9,600 square feet, and the proposed |
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lots were about 19,000 square feet. He believed that the Limited |
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Common Element was intended to be preserved in its natural state. |
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Mr. Kaltsounis asked when the property was originally platted, and Mr. |
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Anzek said it was the fifties. Mr. Kaltsounis asked if it had been put aside |
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as open space. Mr. Anzek said that in the Mac Kary Subdivision, the |
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frontage along Mackwood was one large parcel and it had been split into |
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five parcels. It could not be split into more than five from the original |
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parcel. The subject parcel was the remaining parcel and could only be |
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split using the site condo rules. Mr. Kaltsounis agreed, and he remarked |
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that open space rules probably were not around in the fifties. |
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