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8/25/1987
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8/25/1987
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
08/25/1987
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a'ooK �. , 69 F;�1�,r.; <br />•ALTERNATIVES & ANALYSIS: <br />Applicable Regulations <br />Section 6(a) of the subdivision ordinance regulates lot splits and <br />recombinations and, among other things, requires that resulting <br />lots: <br />a. meet the lot size and dimension standards for the applicable <br />zoning district; <br />b. (if lying in a platted subdivision) be at least as large as <br />the smallest lot in the subdivision; and <br />c. conform to applicable zoning and subdivision ordinance <br />standards. <br />The proposed re -configuration meets the first two criteria. <br />However, the re -configuration with direct access to 12th Street <br />does not meet the third criteria and does not conform to the <br />following two regulations: <br />1. Section 10 (g) (3) c of the subdivision ordinance, which states <br />that: <br />"Access restrictions on single-family lots. On single- <br />family lots having frontage on more than one roadway, <br />access shall be restricted to the roadway with the lower <br />functional classification." <br />2. Section 25(t) of the zoning ordinance, which states that: <br />"Access to any lot in a subdivision from an arterial or - <br />primary or secondary collector street _is prohibited and <br />limited access easements shall be provided -along- such <br />streets. Subdivisions will be designed to provide <br />access to lots by use of local streets." <br />A re -configuration that results in lots -directly accessing 12th <br />Street with a -new driveway connection violates the two regulations <br />_cited above, .and can ,only be approved by the -granting of a <br />variance from the subdivision ordinance by the Board of County <br />Commissibners. _ <br />Variance Request.�• , <br />Pursuant to•section 11(b) of the subdivision'ordinance, the Board" <br />shall not approve a variance unless it finds all of the following: <br />111. The particular physical conditions, shape or topography of <br />the specific property involved would cause an undue hardship <br />to the applicant if the strict letter of the ordinance is <br />carried out; <br />--� 2. The granting of the waiver will not cause injury to adjacent <br />property or any natural resource; <br />3. The conditions upon which a request for waiver are based are <br />unique to the property for which the waiver is sought and are <br />not generally ..applicable to other property in the adjacent <br />areas and do not result from actions of the applicant; and <br />4. The waiver is consistent with the intent and purpose of the <br />Indian River County Zoning Ordinance, the Indian River County <br />Comprehensive Land Use Plan, and this ordinance." <br />In.staff's opinion, two of the four criteria are not satisfied. <br />1. (criteria #2) Action of the applicant and general <br />applicability. The applicant has created the hardship by <br />selling -off all frontage along 11th Place without retaining <br />a <br />23 <br />
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