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DEC112 l9 BOOK 11c, BOARD OF ADJUSTMENT'S REQUEST FOR COMMISSION'S CONSIDERATION OF SPLITTING OF LOTS IN AMBERSAND BEACH SUBDIVISION The Board reviewed the following memo dated 12/1/89: TO: James E. Chandler County Administrator DIVISION HEAD CONCURRENCE: Robert M.. 3 Keati A'"` Community Development'Director FROM: Stan Boling,A CP Chief, Current Development DATE: December 1, 1989 SUBJECT: BOARD OF ADJUSTMENT'S REQUEST FOR BOARD CONSIDERATION OF AMBERSAND BEACH SUBDIVISION: SPLITTING OF LOTS 6O' It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 12, 1989. BACKGROUND AND CONDITIONS: On November 13, 1989, the Board of Adjustment considered a vari- ance request in the Ambersand Beach subdivision. Because similar conditions exist on other lots in the subdivision, the Board of Adjustment referred the issue to the Board of County Commissioners for consideration of a legislative resolution. - The Subdivision The Ambersand Beach subdivision plats (Units 1 and 2) were record- ed in 1924, many years before the County adopted a zoning code (1957). Thus, all lots, as platted, are considered grandfa- thered -in lots of record which are buildable, one principal dwelling on one platted lot. The plat, itself, established a total of 84 ocean to river lots, each of which were traversed by a road right-of-way known as "Ocean Boulevard" (see attachment #1). The plat did not establish separate lots on either side of Ocean Boulevard. In later years "Ocean Boulevard" was abandoned and ultimately replaced by S.R. A.1.A.. Based upon an opinion by the County Attorney's Office, construction of S.R. A.1.A. did not split lots into separate buildable east and west lots; S.R. A.1.A. merely replaced Ocean Boulevard, and individual lots remained unified across S.R. A.1.A. Thus, individual east and west lots were/are only created when separated by recorded deed. When such east/west lots are created, they must meet existing zoning standards to be considered buildable as separate lots. It should be noted that for a time, planning staff was of the opinion that S.R. A.1.A. did in fact split each platted lot into two individual parcels. Recently, staff brought to the attention of the County Attorney's office the existence of Ocean Boulevard on the plat. Based in part on the fact that S.R. A.1.A. "re- placed" Ocean Boulevard, the Attorney's office then rendered the opinion stated above. During the time staff was operating under the assumption that separate lots were created by. S.R. A.1.A.'s severing of the ocean to river parcels, a building permit was issued in 1987 for a "half ,lot" west of S.R. A.1.A. Under the County Attorney's office opinion now rendered, a building permit should not have been issued under such circumstances since the new lot did not meet the applicable minimum lot width standards. 30