7/17/1985 - Laserfiche WebLink

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Roseland between Roseland Road and the Sebastian River where there are 5 or 6 acres of land, most of which is zoned RS -1 and requires that lots be a minimum of 150 ft. width. Mr. DeJoia believed that 60 feet of right-of-way would be prohibitive to putting in a dirt road for people who want to divide their land into two parcels of 2 or 3 acres each. Planner & Development Director Robert Keating explained that the County has determined that it needs 60 feet for drainage and utilities in case the road is closed sometime in the future. He noted that 60 feet is a minimum amount of right-of-way for a local road according to the Comp Plan, and believed that a unique case might be addressed by an individual variance rather than a general change in the law. Attorney Brandenburg advised that in the Tree Protection Ordinance one of the criteria for obtaining a road right-of-way variance is the placement of trees on the side. He felt it is pretty obvious that the intention of the Commission was to allow for variances from road right-of-way widths. Mr. DeJoia understood that they would have to rely on the variance procedure but Attorney Brandenburg stated that there must be special circumstances different from the general nature of the road to justify the variance. Commissioner Wodtke asked if the fact that a road is never going to be a through road would justify a variance, and Attorney Brandenburg advised that they would have to explain why there are special circumstances with respect to that particular property that would warrant a variance; simply being a private road would not be grounds for a variance. Commissioner Bird felt the amendment is reasonable since some improvements could be placed along the right-of-way. Commissioner Bowman noted that when the County went into Elaine Street to do some drainage work, they had to take out some trees, which caused a big furor. 37 JUL 17 1985 BOOK PacE 5 & 11