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3/29/1988
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3/29/1988
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Meetings
Meeting Type
Regular Meeting
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Minutes
Meeting Date
03/29/1988
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adjacent areas and do not result from actions of the appli- <br />cant; 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 />It is staff's analysis that none of these criteria are satisfied <br />by the request. <br />1. The physical condition, shape, or topography of the subject <br />property causes no hardship on the owner's ability to pro- <br />perly develop the property under the Ord. 83-24 regulations. <br />The property is similar to the adjacent 10 acre tract which <br />was properly subdivided a few years ago and is now known as <br />"Boxwood Estates". The owner could plat one to three lots on <br />the subject piece of property (this would involve extending <br />14th Street S.W. and County water lines), or plat the subject <br />parcel along with other adjacent properties. <br />2. Granting the waiver could preclude proper future subdivision <br />of the adjacent area. Waiving the subdivision' requirements <br />could result in: <br />problems in extending 14th Street S.W. to <br />established traffic circulation system; <br />problems in extending County water lines; <br />obstructing the continuation of a drainage <br />the established road right-of-way system; <br />future inequity problems regarding paving <br />roadways or roadway extentions; and <br />continue the <br />outfall via <br />of adjacent <br />problems with future alignment of a north/south road <br />parallel to 16th Court S.W. (could preclude continuation <br />of the established roadway pattern). <br />All of these problems could cause injury to adjacent prop- <br />erties due to obstruction of the proper extension of <br />infrastructure. <br />3. The condition(s) of the property are not unique. Dozens of <br />other properties within the Vero Beach Suburban Acres illegal <br />subdivision share similar or exact circumstances. Further- <br />more, illegal subdivision splits occur from time to time <br />throughout the County. The conditions of the subject proper- <br />ty are similar to many other properties, and similar to any <br />number of illegal splits. <br />4. The request is inconsistent with Ord. 83-24 and the Compre- <br />hensive Plan. First, the request is to make Ord. 83-24 <br />ineffective and useless in regards to fulfilling its primary <br />objective, which is to "...require the harmonious and orderly <br />development of land...(section 4)". The request is broad, <br />taking issue with the entire ordinance and the County's <br />authority to require proper subdivision and platting. <br />Second, the request is inconsistent with the Land Use element <br />of the Comprehensive Plan, specifically Policy D.1. which <br />states: <br />"Proposals for residential developments shall comple- <br />ment existing residential patterns and provide <br />adequate neighborhood facilities [p. 17]". <br />The analysis under point (2) above demonstrates that the County <br />can only ensure development that complements existing patterns <br />(road, drainage layout) and provide adequate facilities <br />(infrastructure and drainage) by applying the Ordinance 83-24 <br />regulations. <br />MAR 2 9 M8 <br />24 <br />BOOK 71 PAGE 381 <br />
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