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CASSELBERRY CITY COMMISSION Minutes of May 8, 2017 — Regular Meeting Page 7 of 15 C. Ordinance 17-1459 — Amending the City Unified Land Development Regulations, Chapter II Article VII General Regulations, Section 2-7.9 Accessory Structures (LPA 17-02) The City Clerk read Ordinance 17-1459 by title as follows: "AN ORDINANCE OF THE CITY OF CASSELBERRY, FLORIDA, AMENDING SECTION 2-7.9, ACCESSORY STRUCTURES, OF THE CITY CODE OF ORDINANCES, PART III, UNIFIED LAND DEVELOPMENT REGULATIONS, TO ADD LANGUAGE TO ALLOW ACCESSORY STRUCTURES IN EASEMENTS; PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE." Staff Presentation: Chief Planner Emily Hanna gave an overview of Ordinance 17-1459, explaining that the ordinance was being proposed to better serve the needs of City residents by permitting accessory structures such as sheds in easements subject to the following conditions: The property owner shall obtain letters of no objection from all local utility providers and regulatory agencies having jurisdictional rights to the easement; The property owner shall obtain City of Casselberry Development Review Committee (DRC) approval; and The property owner shall execute an encroachment agreement with the City holding the City harmless from any damage resulting from the authorized construction or removal of improvements. Discussion: A brief discussion ensued regarding terms of the encroachment agreement with the City and access to properties for code enforcement staff. In response to questions from the Commission, City Attorney Katie Reischmann explained that in the event of sale of the property, the encroachment agreement would remain in place. Budget Impact: There is no impact to the City Budget. Recommendation: The City Manager and the Community Development Director recommended approval of Ordinance 17-1459 on first reading. Audience Participation: No one came forward to address Ordinance 17-1459. MOTION: Commissioner Solomon moved to approve Ordinance 17-1459 on first reading, as presented. Motion was seconded by Commissioner Hufford. Motion carried unanimously by voice vote 5-0.