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1/7/1992
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1/7/1992
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
01/07/1992
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utilities services problems and prohibits the creation of lots that <br />cannot be properly served with future services (eg. water and <br />wastewater utilities). <br />•Variance Review and Consideration <br />Section 913.11 of the subdivision ordinance gives the Board clear <br />guidance in its review and consideration of a variance request. <br />The Board shall not approve a variance unless it finds all of the <br />following: <br />"(A) The particular physical conditions, shape, or topography <br />of the specific property involved would cause an undue <br />hardship to the applicant if the strict letter of the <br />land development regulation is carried out; <br />(B) The granting of the variance will not cause injury to <br />adjacent property or any natural resource; <br />(C) The conditions upon which a request for ,variance are <br />based are unique to the property for which the waiver is <br />sought and are not generally applicable to other property <br />in the adjacent area and do not result from actions of <br />the applicant; and <br />(D) The variance is consistent with the intent and purpose of <br />the Indian River County land development regulations, the <br />Indian River County Comprehensive Land Use Plan, and this <br />Chapter. <br />If the board approves a variance, it may attach any such <br />conditions to the variance as will assure that the <br />variance will not result in noncompliance with the intent <br />and purpose of this Chapter. Violation of any such <br />condition shall be deemed a violation of this Chapter." <br />It is staff's position that none of these criteria is satisfied by <br />the request. <br />(A) The physical shape and condition of the property does not <br />warrant the granting of a variance. The subject property <br />is of a size and shape that lends itself to development <br />if developed in conjunction with the parent tract or <br />other existing "undeveloped" tracts to the south or west <br />of the site. The location of the subject portion of the <br />parent tract is no cause for granting the requested <br />variance since the location and "land -locked" situation <br />was created by the applicant and is the very situation <br />the subdivision ordinance road frontage requirement <br />prohibits. <br />(B) Granting the variance could preclude proper subdivision <br />of the subject property and adjacent areas, and would <br />simply add another nonconforming parcel to an existing <br />nonconforming subdivision in the area (the six metes and <br />bounds parcels immediately north of the subject site). <br />Given the RS -3 zoning and potential development in the <br />area, future development of larger parcels, such as the <br />subject ±4 acre parcel, should be accommodated by <br />continued application and enforcement of the frontage <br />requirement. <br />(C) The conditions and circumstances involving the subject <br />property are not unique. There are hundreds of larger, <br />undeveloped metes and bounds properties throughout the <br />county which are zoned for residential development. The <br />road frontage requirements have been applied to many <br />Properties throughout the county. There is no <br />Justification for distinguishing the subject parcel from <br />hundreds of parcels throughout the county. Such parcels <br />37 <br />LIJAM 07 1992 <br />
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