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DESCRIPTION AND CONDITIONS: <br />Jack and Linda Metz owned a 10 acre parcel of land located on <br />the north side of 37th Street (Barber Avenue), west of 58th <br />Avenue. In February of 1985, the Metz family attended a <br />subdivision pre -application conference to discuss a proposed 5 <br />lot subdivision of the 10 acre parcel into 4 lots and one 7 acre <br />parcel. One week after the pre -application conference, Mr. Metz <br />met with staff to determine what he could do with his property <br />without going through the subdivision and platting process - at <br />that time. Staff explained that two lots could be created out <br />of the 10 acre parcel, as long as all zoning requirements were <br />met, including minimum lot frontage along 37th Street. <br />Recently, Mr. Metz sold two parcels along 37th Street to his <br />sons. By dividing the original tract into the two lots deeded <br />to his sons as well as an eight acre back parcel, Mr. Metz <br />created a three lot subdivision on the 10 acre parent parcel <br />(see attachment #3). This action violated section 6(b) of the <br />subdivision ordinance which states that it is unlawful for any <br />person to "create a subdivision without first complying with the <br />provisions of this ordinance and filing a plat approved by the <br />Board of County Commissioners...". Also, the newly created <br />eight acre back parcel does not have any frontage on a dedicated <br />road, thus rendering the parcel unbuildable pursuant to Section <br />29(b) of the Zoning Code. <br />Mr. Metz's sons have applied for building permits on the two <br />parcels fronting on 37th Street. The building permits have not <br />been issued pursuant to section 7(b) of -the subdivision <br />ordinance which states: "The building official shall not issue <br />any permits for new construction on a lot in any subdivision <br />created after the effective date of this ordinance which has not <br />been approved pursuant to provisions of this ordinance". <br />Mr. Metz is now requesting that the requirements of the <br />subdivision ordinance be waived in their application to his <br />subdivision, subject to the condition that the two parcels <br />fronting 37th Street be deemed as buildable, and the remaining <br />eight acre back parcel be restricted (by deed restriction) to <br />remain in use as a grove until such time that the parcel may be <br />platted and subdivided. <br />ALTERNATIVES AND ANALYSIS: <br />Section 11 of the subdivision ordinance states tha <br />"... shall not approve a waiver unless it <br />finds all of the following: <br />1) The particular physical conditions, <br />shape, or topography of the specific <br />property involved would cause an undue <br />hardship to the applicant if the strict <br />letter of the ordinance is carried out; <br />2) The granting of the waiver will not <br />cause injury to adjacent property or any <br />natural resource; <br />3) The conditions upon which a request for <br />waiver are based are unique to the <br />property for which the waiver is sought <br />and are not generally applicable to <br />other property in the adjacent areas and <br />do not result from actions of the <br />applicant; and, <br />4) The waiver is consistent with the intent <br />and purpose of the Indian River County <br />Zoning Ordinances Comprehensive Land Use <br />Plan, and this ordinance. <br />13 <br />OCT 9 1985 <br />BOOK, 62 FAGS.7Q <br />