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� _ J 3. The conditions upon which a request are unique to the property for which are not generally applicable to adjacent areas and do not result applicant; and for a waiver are based the waiver is sought and other property in the from actions of the 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". In his application,the applicant.contends that providing sidewalks on one side of the central. roadway is sufficient to handle the pedestrian traffic of the subdivision, that the subdivision is unique (as the only single family subdivision in Grand Harbor), and that the variance is needed to cut-down on unnecessary construction costs. However, it is staff's opinion that 3 of the -_ 4 variance criteria are not satisfied by the request, and therefore the request cannot be granted. 1. (item #1) Applying the strict letter of the ordinance would not cause undue hardship to the applicant. Provision of sidewalks on both sides of the central roadway is possible and has actually been shown, for purposes of compliance only, on the River Club subdivision land development permit plans. Therefore, it is clear that the requirement would not alter the general subdivision layout and can be compatible with the development of the project: 2. (item #3). The applicant proposes to subdivide raw land (former- citrus_ grove) which is not peculiar in either physical condition, shape, or topography. Many other subdivisions in the county have been developed on properties physically similar to the River Club site. All of these other subdivisions have complied with the requirements of the subdivision ordinance. 1. 3. (item #4) The waiver request is inconsistent with the sub- division ordinance. The recent ordinance amendment takes into account the low level of pedestrian traffic from dead- end cul-de-sacs. Therefore, the County has, appropriately, already waived the sidewalk requirement for a substantial portion of the roads within the subdivision. However, the central roadway connects all of the cul-de-sacs and pedes- trian through -traffic to the bikeway/sidewalk which is to run through the golf course from the terminus of 53rd Street to the proposed Harbor Center. The result of the normal sub- division requirement would be the provision of a proper sidewalk system that connects into a planned major pedestrian thoroughfare. Based on the above analysis, it is staff's conclusion that the subdivision project is not unique, that no special privelege is warranted for the River Club subdivision, and that the cul-de-sac sidewalk waiver already granted to the applicant via the recent ordinance amendment adequately addresses all of the applicant's contentions. RECOMMENDATION: Staff recommends that the Board of County Commissioners deny the request to waive the requirement for sidewalks on both sides of the central roadway requiring sidewalks on only one side of the central roadway, for the River Club subdivision. 23 JUL 2 8 � � BOOK 9 r,;t��21 L