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BCC Minutes 02/02/1982 W Naples, Florida, February 2, 1982 LET IT BE REMEMBBRED, that the Board of County Commissioners in and fot the County of Collier, and also acting as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on tld.3 dëlte at 10:20 A.M. in Workshop Session in Building "F" of the Courthouse Complex with the following members prescnt: CHAIRMAN: C. R. "Russ" Wimer VICE CHAIRMAN: Mary-Frances Kruse John A. pi stor Cl if ford Wenzel Dav id C. Brown ALSO PRESENT: Ha rold Hall, Chief Deputy/Fi seal Officer; Donald pickworth, County Attorney; Maureen Kenyon, Deputy Clerk; C. William Norman, County Manager; and Terry Virta, Community Development Administrator. / AGENDA Enforcement of deed restrictions as they relate to County Building Pe rm i ts . DISCUSSION RE ENFORCEMENT OF DEED RESTRICTIONS RELATING TO COUNTY BUILDING PERMITS. Commissioner Wenzel stòted that the matter of deed restriction3 is being brought up by the request of a developer, adding that other developers have also expre5sed an interest. He related that when one builds in N~~~h Naples a stamp of approval by the developer Is needed Pl1g e 1 BOOX 067 PACf38f aoaK fJ 67 PACt '385 February 2, 1982 nnd questioned why the Building Department could not do the same before a permit i~ issü~ù. Commissioner pistor reported that there useù to be a BuilJing Review Committee on MDrco Island, adding that all plar.~ had to have a stamp of approval before buildings permits were issued. He expressed his concern that deed rcstrictions should be enforced. To Chairman Wimer's question of the legalIty, County AttorneY pickworth stated that ~here are legal problema, being that deed re- strictions are prlv~te çovenants between individuals who purchase from a common owner, adding that they are not publIc laws and a government would not have the authority to enter into that transaction at any point to enforce Dame. He stated that the power of government to grant or withhold a building permit could not be used to enforce th~se private restrictions where the individuals had met all the conditions which govern through its laws for the issuance of a permit. He refer- red to the City of Naples stating that a stamp of approval is needed from the association In the area where you are building, ~dding that if the assocation does not give you the stamp of approval you will still receive the permit as the City of Naples does not want to get involved in legal matters. He reported that thc most the County could offer would be some type of a informal cooperativ~ deal, which will work well if the subdivision has an active committee. Chairman Wimer stated many times people are not aware that there arc deed restrictions that need to be complied with, adding that if there is a way of notification within the Building Department it would be very helpful. pag e 2 ,~",~"._,-,-~",- February 2, 1982 Mr. Virta, Community Development Administrator, stated th~t this type of notification could easily be done within the Building Dept. Chairman Wimer stat~d that the County could generate 11 workable cooperative attitude and ascertain what subdivisions have deed re- strictions. Mr. Lloyd Sheehan, President of Whispering pines, Inc., stated that the problems are the issuance of the permit and the Certificate of Occupancy, adding that the home needs to be finished properly with reference to landscaping. He said that he is not asking the County to police the deed restrictions, just refer them to the developer who in turn has a homeowners association behind him who will utimately do tne stamping of approval, adding that he feels this would work efficiently if the County would administratively generate a cooperative program. County Attorney Pickworth stated that the lan0scaping has nothing to do with the Certificate of Occupancy and the County can not enforce such. Chairman Wimer stated that it is the consensus of the Bo~rd to work out a cooperative program with the various developments in as- sisting any administration enforcements of deed restrictions to make the public aware of such deed restrictions and to try and help the public through the necessary steps. He asked Mr. virta to meet with all concerned parties to work out a program to be brought back for Board approval. Mr. Walter Wilde, representing Vanderbilt Beach Property Owners Assocation, stated that his main concern is that the Building Depart- ment does not notify builders that there are deed restrictions requir- Page 3 MOX 067 PAGt 386 February 2, 1982 ~00K 067 rA~t3B'1 ing examinations of Qrchitectural plnns for Vanderbilt Beach, adding that most builders look adversely on this Q:J another piece of r::~ ':.~pc. Chairman Wimer stated that the County should be able to work tha matter out on a cooperative basis. There being no further business for the good of the County, the meeting was adjourned by Order of the Chair at 10:35 A.M. pag ~ 4 ;" ... ~ '-, ~,--