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JAS 19; F�r0 <br />TO: The Honorable Members DATE: December 21, 1982 FILE: <br />of the Board of County <br />Commissioners <br />SUBJECT: Zoning Ordinance Amendment: <br />.Definition of Structure <br />FROM..Bruce King, AICP 6� <br />Director REFERENCES: <br />Community Development Division <br />It is requested that the information provided herein be given formal <br />consideration by the County Commission at their regular meeting of <br />January 5, 1983. <br />DESCRIPTIONS AND CONDITIONS <br />Several months ago, an operational problem with the application of <br />the definition of "Structure" and how it relates to driveways was <br />identified by several local developers. Under the current definition <br />of "Structure", semicircular driveways which extend into side yards <br />are prohibited. Due to the smaliers�sized:.ldts••-pewmittdd,�wi:thin <br />several zoning districts, this problem frequently arose. Therefore, <br />the Community Development Division staff evaluated possible amendments <br />to the current definition in order to resolve this problem. <br />ALTERNATIVES AND ANALYSIS <br />On November 10, 1982, the original amendment to this def.'-.nition was <br />presented to the Planning and Zoning Commission for public hearing. <br />The Planning and Zoning Commission approved a recommendation to amend <br />this definition. However, subsequent to this recommendation, Mr. Peter <br />Robinson, representing Treasure Coast Builders Association, identified <br />several problems with the proposed zoning ordinance amendment. There- <br />fore, the consideration of this amendment by the Board of County <br />Commissioners during their regular meeting of November 17, 1982, was <br />continued until the first meeting in December. <br />Subsequent to this continuance, the Community Development Division <br />staff re-evaluated the problem and drafted a revised amendment which <br />is attached for your review. This amendment has been reviewed by <br />Mr. Peter Robinson and other county divisions, as well as the County <br />Attorney's office. <br />Subsequent to Mr. Robinson's review and initial approval, a letter <br />dated November 29, 1982, was received from Mr. Robinson which <br />identified several concerns. On December 21, 1982, these concerns <br />were discussed by Jim Davis, Gary Brandenburg and myself to ascertain <br />if any modifications to the ordinance amendment were desired. It was <br />our consensus that the attached ordinance would best serve the County's <br />needs based upon the present organizational structure. <br />The intent of the attached zoning ordinance amendment is to <br />eliminate the need to obtain a variance for driveways located <br />within the side yard requirement and which do not reduce the <br />effective setbacks between residential structures. The proposed <br />amendment maintains the integrity of side setbacks in order to <br />protect the safety and welfare of adjacent properties. <br />RECOMMENDATION <br />The Community Development staff recommends approval of the attached <br />ordinance amending Appendix A, Zoning, Section 2, Definitions, of <br />the Indian River County Code of Ordinances. <br />28 <br />