12/4/1991 - Laserfiche WebLink

Home Browse Search

M M M smaller platted lots. He felt it was not fair to apply this use designation to areas east of the Sebastian River unless it is for environmental concerns. He was not sure whether this use applies - to areas along the Indian River; he did not know if there is any xeric scrub along the Indian River. He stated that by making this amendment to the ordinance the Con -3 district is applicable county- wide. Roland DeBlois disagreed with Mr. Dill's comments. He said prior to Coraci's participation in the hearings, the designation was Con -2 with specific reference to the areas of xeric scrub adjacent to the Sebastian River, including the scrub on the east side up to the general boundary of Roseland Road; so it was not new material. As far as the 100 -foot buffer, there is a clause in the ordinance that does account for nonconforming lots of record that are undersized. The clause reads, "In no case, however, with reference to existing parcels or lots of record which existed prior to June 18, 1991, shall the buffer be required to exceed twenty (20) percent of the parcel or lot depth perpendicular to the applicable waterway." Mr. DeBlois felt there is no conflict. Attorney Dill argued that there are lots along the Sebastian River which are 500 to 700 feet in length and 20 percent would be 140 -foot setback. In addition, there are homes built within 50 feet or even 20 feet of the river and these homes would not be allowed expansion because of the setback requirement. Community Development Director Keating explained that first you have to determine where you will be expanding your house. If it had the soil and vegetation characteristics and was in the area. designation of C-3, and if you have sod in your back yard, you can expand your house. It is only prohibited where there are undisturbed sand pine communities. It does not apply if there is a single sand pine tree in the yard. Mr. Keating felt there was no confusion. Mr. Dill stressed that there are lots of record where the homes are within the 100 -foot setback and would not be allowed to expand toward the river. He felt it was never intended to do that. He thought the wording should be changed to read, "For single family construction and alterations on such lots of record the provision of the site and dimension Criteria of 911.12(6) apply," and just delete the 20 percent requirement criteria. Discussion ensued regarding previous ordinance amendments and application of and exceptions to the 100 -foot setback. Deputy County Attorney Collins suggested the following language in Section 26, Paragraph 4, Uses, the last sentence: "For single family construction and alterations on such lots of record, 11 L� DECO 4,1991 C) BOOK Cis FAI,IL