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F1 E B 2 4. `997 Boos 67 r',,;; ,'�5 "The Board shall not approve a waiver unless it finds all of the following: 1. The particular physical conditions, shape, or topography of the specific property involved would cause an undue hardship, to the applicant if the strict letter of the ordinance is carried out; 2) The granting of the waiver will not cause injury to adjacent property or any natural resource; 3) The conditions upon which a request for waiver are based are unique to the property for which the waiver is sought and are not generally applicable to other property in the adjacent areas and do not result from actions of the applicant; and 4) The waiver is consistent with the intent and purpose of the Indian River County Zoning Ordinance, the Indian River County Comprehensive Land Use Plan, and this ordinance." Criterion number one'is not met because many other parcels in the area (and in the county as a whole) have less or no frontage on a dedicated road right-of-way. Despite the shape of the parcel, no hardship exists since the parcel is presently buildable for one dwelling unit and could be developed as a mobile home park with additional property. Criterion number three is not met because the waiver is sought to facilitate a parcel split proposed by -the applicant himself. Such a waiver would apply to other properties in the area and the county whereby parcels with insufficient road frontage could be created. Criterion number four is not met b& -cause granting the waiver would be inconsistent with the clear intent of the subdivision ordinance and zoning code. A minimum lot frontage standard has been estab- lished, applied, and met by other properties. A waiver from this standard would have the effect of creating a new and lower stan- dard which would render the current requirement meaningless. Based on the foregoing analysis, staff has concluded that the applicant has alternatives to develop his property in conformance with county regulations and that the criteria for granting a waiver are not satisfied by the request. RECOMMENDATION: Staff recommends that the Board of County Commissioners deny the request to waive the requirements of section 6(a)(3) of the subdivision ordinance as applied to the subject property. Commissioner Bowman asked where the present access is to this lot, and Mr. Boling advised that there is no road between Gibson & Dade Streets. When this was platted back in 1913, a lot of these parcels were 5 acres in size and did not have actual road right-of-way or frontage. Robert Keating,.Director of Planning & Development, pointed out that a lot of this has occurred in the Gifford area, and is a problem in that it creates a situation that becomes unmanage- able. 59