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Presently, the Ambersand Beach subdivision is split into three different zoning districts. East of S.R. A.1.A., lot portions are zoned RS -6 (Single Family Residential up to 6 units per acre) and are comprehensive plan designated as LD -2 (Low Density Residential up to 6 units per acre). 1 West of S.R. A.1.A. lot portions have two different zoning districts and land use designations. Western portions of lots 1 - 5 have an LD -1 designation and RS -3 zoning; all other western lot portions have an RR -2 land use designation and RS -1 zoning. - The Applicant's Request The crux of the issue at hand is a request by applicant Juanita Gunther, represented by'Attorney Michael O'Haire. The applicant owns all of Lot 2, Unit 1 from ocean to river; the lot is zoned RS -6 east of S.R. A.1.A. and RS -3 west of S.R. A.1.A. In 1981, two separate deeds in the name of the applicant were recorded, one for the eastern portion of the lot and one for the western portion of the lot. Consequently, in 1981, two lots were created from Lot 2; one oceanside and one riverside lot. (see attachment #2) The entire platted lot measures approximately 55' X 1,005'; the subject "half lot" portion lying west of A.1.A. measures approxi- mately 53' X 660'. The subject lot portion fronts upon part of a } acre lake which immediately fronts on S.R. A.1.A. The subject lot portion appears to contain "buildable" upland area as well as wetland areas. Properties just north of the subject lot portion have been separated from the oceanside portions of their respec- tive lots and have been built upon. Nonetheless, •the applicant's newly created lots did not meet the minimum R -1A zoning district regulations in effect at the time of the split, nor do they now meet the current applicable RS -3 front- age and lot width requirements. The applicant has requested a 26.77' variance from the 80' minimum lot width required in the RS -3 zoning district. Such variances from the zoning code are heard by the Board of Zoning Adjustment. 'At its November 13, 1989 meeting, the Board of Adjustment heard the variance request and voted to defer action, allowing the Board of County Commissioners an opportunity to consider all lots situated similarly to the applicant's, to make any appropriate policy decisions, and to take any appropriate action for the entire area. (see attachment #3 and #4). In essence, the Board of Adjustment has concluded at this time that any merit the applicant's request may have should be considered in an area -wide context since the circumstances of the subject lot are not unique to the lot. If warranted, special regulation of -the area would be more appropriately addressed by Board of County Commissioners' action rather than by the Board of Adjustment hearing individual variance cases. The Board of Adjustment has reserved the option to "re -hear" and continue the Gunther variance case depending on the Board of County Commissioner's decision and possible action. - Board of County Commissioners Consideration The Board of County Commissioners now needs to consider whether or not special circumstances exist for the applicant's property and the rest of the southern portion of Ambersand Beach subdivision, Unit 1 which warrant any special treatment or regulation changes different from existing regulations as applied. If the Board determines that the existing regulations are appropriate and are appropriately applied, then it should affirm staff's position. If the Board of County Commissioners determines that existing regu- lations need to be changed, then it should give direction to staff for initiation of regulation changes. ALTERNATIVES AND ANALYSIS: - The Issues The applicant's major argument is threefold: 1. S.R. A.1.A. does, in fact, split the lots, effectively rendering separate lots on either side of A.1.A. 2. Two other property owners (immediately north of the applicant's lot) have separate built -upon "half lots" west of S.R. A.1.A.; the applicant is requesting to have the same rights and opportunities. DEC 12 16. 989 31 MGIC 78 FAU.605