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INDIAN RIVER COUNTY <br />MEMORANDUM <br />TO: Jason E. Brown <br />County Administrator <br />FROM: Phillip Matson, AICP <br />Community Development Director <br />DATE: September 12, 2022 <br />RE: Update to the County's variance criteria and application fees <br />It is requested that the Board of County Commissioners formally consider the following information at the <br />Board's regular meeting of September 20, 2022. <br />BACKGROUND <br />At the August 16, 2022, Board of County Commissioners meeting, the Board directed staff to re-examine the <br />County's variance process as contained in Code Section 902.09. Specifically, the Board asked staff to look at the <br />application fee, de -minimus setback allowance, and the overall process for reviewing and approving variances. <br />ANALYSIS <br />Staff reviewed the County's variance process, and the variance processes for several neighboring cities and <br />counties, and identified the following preliminary changes/updates: <br />1. Fee reduction, reduce the application fee from $1,000 to $500 for small-scale applications (such as <br />sheds, fences, minor setback changes). The $1,000 application fee will apply to large-scale applications <br />(such as on commercial properties or for significant code deviations). <br />Comment: While $500 may appear to be a large figure relative to the value of smaller projects such as <br />fences and sheds, certain fixed costs (such as statutorily -required legal advertising and building and <br />engineering review) apply to variances regardless of the cost of the project. <br />2. De -minimus setbacks, increase the maximum size of a de -minimus setback variance from the existing <br />0.5 feet. These are approved at the Staff level. <br />Comment: The current de -minimus setback variance is overly stringent. Staff will recommend to the <br />board an alternative de -minimus setback (in feet and/or percentage of the setback) after evaluating the <br />nuisance, drainage, aesthetic, and or other impacts of proposed setback alternatives. <br />3. Variance criteria, reduce the number of variance criteria from eight to four in order to make the process <br />more straightforward. <br />Comment: Current criteria make variances difficult to obtain in all but a few circumstances. <br />314 <br />