01/19/2021 (2) - Laserfiche WebLink

Home Browse Search

INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director FROM: Ryan Sweeney; Chief, Current Development DATE: January 11, 2021 SUBJECT: Consideration of a Proposed Land Development Regulation Amendment to Chapter 904 (Nonconformities) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of January 19, 2021. BACKGROUND On April 3, 2020, Mr. Jacob Allenbaugh filed an appeal of County staff's determination that a single-family home could not be built on a property containing a nonconforming communications tower. On July 23, 2020, the Planning and Zoning Commission (PZC) made a finding that staff's determination did not fail any of the three areas outlined in LDR Section 902.07(4), denied the appeal, and wholly affirmed staff's determination by a vote of 5-2 (see Attachment 1). While affirming staff's determination, several members of the PZC, in acknowledgement of the unique set of facts regarding the subject property, discussed the appellant's options for further appeal. On September 22, 2020, the Board of County Commissioners (BCC) made a finding that the PZC's determination did not fail any of the three areas outlined in LDR Section 902.07(4), denied the appeal, and wholly affirmed staff and the PZC's determination by a vote of 4-1 (see Attachment 2). As part of the approved motion, the BCC directed staff to revisit the current applicable County land development regulations (LDRs), and to return back with an LDR amendment that would allow a maximum of two .single-family homes to be constructed on the subject property. The BCC also provided specific direction on other criteria that should be included in the proposed amendment (see the analysis section of this report -for more details). In response to the direction provided by the BCC, Community Development staff has coordinated with the County Attorney, and prepared a narrowly focused amendment to Section 904.05 of the County LDRs (the Nonconformities Chapter). If adopted, the proposed amendment will allow construction of a maximum of two single-family homes on a property containing a nonconforming communications tower, and provides for additional criteria (see Attachment 4). The BCC is now to consider the proposed LDR amendment and is to adopt, adopt with modifications, or deny the proposed amendment. 120