10/25/1994 - Laserfiche WebLink

Home Browse Search

BOOK U E F'Au time, it is staff's opinion that the Pine Lake Estatee initiatives should now be completed. Therefore, staff is requesting that the Board: 1. Consider and approve the staff -initiated request for certain subdivision ordinance variances for Pine Lake Estates, as described in greater detail further on this report. 2. Adopt the resolution attached to this report to establish and accept rights-of-way within Pine Lake Estates, as described in more detail later on in this report. Note: in a separate agenda item from Public Works, the Board is requested to adopt resolutions providing for the assessment for surveying work and setting the public hearing date for the assessment hearing. ANALYSIS Subdivision Variance In order for the county to recognize all parcels of record within Pine Lake Estates as "buildable", it is staff's opinion that the Board should -grant variances from 2 sections of the subdivision ordinance. These 2 sections are: 1. Section 913.06(1)(A), which requires that a subdivision plat approved by the county be filed prior to subdividing property. It should be noted that a similar county regulation was in effect in 1961 when Pine Lake Estates properties were first divided [reference Indian River County Subdivision Regulations, Section III; effective date April 1, 1958]. A variance from this section is needed so that all Pine Lake Estates parcels of record (72 in all) can be treated as legally created and buildable. 2. Section 913.06(1)(E), which requires a plat to be filed to create new public or private road rights-of-way. A variance from this section is necessary to'allow the Pine Lake Estates road rights-of-way to be established by resolution rather than by platting. In- staff's opinion, these variances are warranted due to Pine Lake Estate's unique circumstances and past treatment by the county. During public proceedings to down -zone portions of Pine Lake Estates to one acre zoning (held on August 18, 1982 and on January 5, 1983), the Board of County Commissioners established a policy of allowing development of Pine Lake Estates to proceed under the restrictions of one unit per acre zoning, while at the same time recognizing and grandfathering -in then -existing parcels of record that were smaller than one acre. In addition, in August of 1982, the county and the original Pine Lake Estates developer commenced, but never completed, a process to establish county rights-of-way in Pine Lake Estates. That process resulted in the original developer, Bertha Weissman, recording a "Declaration of Intent to Dedicate Rights -of -Way". However, the rights-of-way have not yet been legally described, and the county has not yet officially accepted the dedication. [Note: The legal description and right- of-way acceptance resolution are addressed further on in this report.] Lastly, based upon the Board's pronouncements and the mapping of Pine Lake Estates as a standard subdivision in the Property Appraiser's tax parcel maps, some building permits were issued in the 1980's to develop Pine Lake Estates parcels. Thus, in the past, the county has treated the Pine Lake Estates parcels October 25, 1994 M M M