DEED RESTRICTIONS, EXCEPTIONS AND
COUNTY CODE AFFECTING DUCK KEY
EXCEPTIONS
The various subdivisions
on Duck Key have evolved as amendments from the original
subdivisions as set up by the developer. Because of this
history, there are various "exception" lots contained
within Duck Key. That is, lots which the developer sold
before re-subdividing the property and imposing deed
restrictions. Thus, the discussion of deed restrictions
while encompassing most lots on Duck Key does not
encompass all lots. The deed restrictions concerned
discussed herein relate to the plat set up in Plat Book 5
beginning at page 82 of the Public Records of Monroe
County, Florida.
The leading deed
restrictions are in Official Records Book 339, page 111
and Book 362, page 604.
These restrictions
encompass all of Center Island less 12 early parcels
(pre-1964 exceptions), most of Yacht Club Island
excepting 21 lots numbered 43 thru 55 of Block 1, and 1
thru 8 of Block 3. Restrictions apply to lots 1 thru 42,
and lots 55 thru 139 of Block 1 and all of Block 2 of
Yacht Club Island. Restrictions apply to Blocks 1, 2, 3,
4 & 9 of Plantation Island, but not to 71 lots in
Blocks 5, 6, 7, and 8.
A large parcel of land at
the end of Yacht Club Island was reserved by the original
builder for placement of a Yacht club and a good sized
portion of Plantation Island was reserved for the
building of a country club and thus some lots of both
islands have no original deed restrictions.
Together with the
original 12 parcels there are 104 lots excluded from the
Deed Restrictions in the Record Books.
This does not include
Harbour Island which also has no leading deed
restrictions.
Subsequent plans by
developer, Florida Southern Land Corporation, called
for private homes and apartments on Center Island.
Harbour Island was planned for small groupings of
apartment buildings with their own pool, tennis and
cabana area. Plantation island was to have private
residences, apartments, or additional quest
accommodations and facilities. Yacht Club island was
reserved for building private estates. Land was sold,
and changed ownership many times over the years. Houses
were built in sections and warranty deeds make reference
to lots being subject to conditions and restrictions of
record but on many lots the original deed restrictions
were never imposed.
Official Records Book
1082, page 2386 contains the deed restrictions set up by
Hawk's Cay Investors Limited for the property owned by
Hawks Cay Investors. These restrictions specifically
empower Duck Key Property Owners Association or its
successors as having the right to enforce the deed
restrictions. Official Records Book 428, page 1061
contains amendments to the deed restrictions or certain
lots on Block 2 of Center Island and the warranty deed
recorded at Official Records Book 805, page 85 from
D.K.L.S. Inc., (Duck Key Land Sales) to the Brenner
family on a number of lots on Center Island imposes two
deed restrictions. One of them is a restriction which
appears in none of the other deed restrictions effect to
the island which is a prohibition on modular
residences.
A listing of the major
areas of restriction contrasted in some instances with
County Code requirements is provided below.
It also should be noted
that with the reduction in FEMA flood zone height on Duck
Key making it possible to build three story homes under
the County 35 foot height limit, some residences in
recent years have been built in varience with the deed
restriction allow ing only one single family dwelling
not to exceed two stories in height.
SETBACKS
Front line 25 feet,
side (interior) 10 feet, rear 20 feet (except 15 feet for
screened pools), docks no more than 5 feet into a canal
or channel and must be located in no less than 7.5 feet
from interior lot lines.
The County Code setbacks
are less strict. The two sides must total 15 feet. One
side yard must be at least 10 feet.
( Statute 9.5 - 281)
No pool
exception.
USE
The deed restrictions in
Official Records Book 339, 362 & 645 allow nothing
other than one single family dwelling not to exceed two
stories in height, together with a one or two car garage
or carport. Interestingly, three car garages appear to be
prohibited, boat houses are allowed with approval of the
developer or its successors. Those lots on Center Island
governed by the deed restrictions in Official Records
Book 428 allow for waterfront duplex lots with two unit
dwellings, no more than two stories in height.
County Code - all
residential subdivisions zoned IS - Improved
Subdivision
BUILDING SIZE
Most residences are
required to be no less than 1,000 square feet exclusive
of garages, carports and open porches. Certain lots may
contain homes of no less than 800 square feet excluding
those garages, carports and open porches.
ARCHITECTURAL
APPROVAL
The deed restrictions in
Official Records Book 339 requires buildings, alterations
or additions to be approved in writing. The deed
restriction in Official Records Book 645 allow the
subdivider the right to approve the location or design of
buildings, alterations or aditions
FENCES AND
HEDGES
The deed restrictions are
consistent in this area in that fences and hedges shall
not unreasonably restrict or block the view from an
adjoining lot. There is a height limit on fences and
hedges of 5 feet and there is to be no wall or fence in
the front set back unless deemed "ornamental and
desirable".
County Code - Generally
fences shall not exceed 6 feet in height, except 4 feet
in front or side yard (Statute 9.5 - 309).
NUISANCES AND
TRASH
These provisions are
quite complete. Prevented are obnoxious or offensive
activities.The use as a residence of any structure of a
temporary character which would include trailers and
garages is prohibited. A trailer or "a similar structure"
should not be placed on a lot except as a construction
shack. No tractor or trailers may be parked over night on
"streets, roads or lots".
No sign is allowed on any
lot greater than 5 square feet advertising the
property.
Trash, garbage or other
waste must be kept in sanitary containers.
No weeds, underbrush or
unsightly growth shall be permitted. If the owner fails
to keep the premises free of weeds, underbrush or refuse
piles or unsightly growths, the subdivider or successors
may enter and remove those items at the expense of the
owner.
County Code - Mowing at
least once each three months (Statute 8. -
30).
County Code - Owner
assessed for county cleaning and/or mowing assessments
and County may file lien (Statute 8. -31).
County Code - County
regulations on trailers, RV's, etc. (Statute 19.-
129).
PETS
There should be no
breeding of dogs or cats. Dogs and cats shall not be
permitted to make noises which constitute an annoyance to
the neighborhood.
ENFORCEMENT OF DEED
RESTRICTION
Any owner of a lot
subject to the deed restrictions may bring suit to
enforce the deed restrictions, in addition, the rights
and duties of the subdivider have devolved to Duck Key
Property Owners Association which is also a proper party
as an entity to enforce the deed restrictions.
