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This request has been initiated to resolve a tree removal vio- <br />lation imposed against Kennedy Groves. This violation was brought <br />before the Board of County Commissioners on February 16, 1988. <br />The violation involved the removal of many trees and ground <br />vegetation from the east side of the subject property, which is <br />adjacent to the Oceanaire Heights Subdivision. The applicants <br />removed the vegetation and planted an additional row of citrus <br />trees. Normally such an expansion of a grove would be permitted, <br />provided that the grove were zoned A-1. However, since this grove <br />has been zoned residentially since at least 1969, the owners <br />violated two sections of the code. <br />The first of the two violations involved removal of trees, without <br />a permit, from a residentially zoned property greater than one <br />acre in size. The second violation involved expansion of a <br />non -conforming use. Since groves are not a permitted use in RS -6, <br />even if in place since the 1950's, they cannot be expanded or <br />enlarged. In adding a new row of trees, the Kennedy's expanded a <br />non -conforming use. <br />During discussion of these violations, it was found that the <br />Kennedy's were unaware that the grove was zoned residential. <br />Since the land was zoned agricultural when the grove was estab- <br />lished, they had assumed that the zoning had remained unchanged. <br />Apparently, the property had been rezoned in 1969 by the County. <br />As a solution to the violation, it was agreed to by the Board and <br />the Kennedy's, that the land be rezoned to A-1 through a joint <br />applicant/County initiated request. The Kennedy's have provided <br />the staff with various ownership documents, and the staff has <br />secured all the remaining necessary information. <br />On July 28, 1988, the Planning and Zoning Commission voted <br />unanimously to recommend approval of this request. <br />ALTERNATIVES AND ANALYSIS: <br />In this section, an analysis of the reasonableness of the applica- <br />tion will be presented. The analysis will include a description <br />of the current and future land uses of the site and surrounding <br />areas, potential impacts on the transportation and utility sys- <br />tems, and any significant adverse impacts on environmental quali- <br />Current Land Use Pattern <br />The subject property is currently used for groves and zoned RS -6. <br />To the north of the subject property are groves also zoned RS -6. <br />To the west are groves within the Town of Orchid. To the south is <br />C.R. 510, then vacant land zoned RM -6, Multi -Family Residential <br />District (up to 6 units/acre). To the east is a subdivision, with <br />most of the lots adjacent to the grove being developed. This <br />subdivision is zoned RT -6, Two -Family Residential District (up to <br />6 units/acre). <br />Future Land Use Pattern <br />The Comprehensive Plan designates the subject property and all <br />land north, east, and south as LD -2, Low Density Residential 2 <br />(allowing up to 6 units/acre). <br />Utilities <br />This area is not currently serviced by public water and sewer <br />facilities. <br />46 <br />SEP 13 1988 Boor 74 FacE <br />