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Appeal From Community Bible Church For Relief of Contribution to Sidewalk Improvement Fund
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BRIEF OVERVIEW
On October 26, 2023, the Department of Public Works Engineering approved to waive the installation of sidewalks along the parcel frontage for Community Bible Church, located at the northwest corner of Powell Road and Griffin Road, as the property is located in an area where sidewalks do not exist, new sidewalks are not projected nor planned for, and no connecting sidewalks exist.
Hernando County Ordinance Appendix A, Article III, Section 3 P, states:
3. The county engineer may permit the waiver of sidewalk construction where one (1) or more of the following conditions exist:
a) The existing street or right-of-way is unimproved.
b) The sidewalk cannot be constructed due to existing natural, environmental, topographic or hazardous conditions.
c) The property is located in an area where sidewalks do not exist, new sidewalks are not projected nor planned for, and no abutting or connecting sidewalks exist.
d) The county engineer may require a contribution to the county sidewalk improvement fund as a condition of granting the waiver.
As a condition of granting the waiver, a contribution to the Transportation Trust Fund, Fees/Sidewalk account (1011-3449015) is required at $25.00 per linear foot. Powell Road frontage is 551.38 feet and Griffin Road frontage is 500 feet, for a total of 1,051.38 feet. The total amount of the sidewalk fee required is $26,284.50.
The Community Bible Church is appealing the requirement of the contribution to the sidewalk fee in the amount of $26,284.50. A copy of the letter of appeal is attached for the Board’s information. Staff denies the appeal. Should the Board desire to approve the appeal, staff will require sidewalks be constructed in the future, upon need and demand, when abutting or connecting sidewalks exist.
FINANCIAL IMPACT
Depending on the Board’s actions the following account may be impacted.
Revenue:
Fund: 1011 - Transportation Trust Fund, Account: 3449015 - Fees-Sidewalks ($26,284.50)
LEGAL NOTE
The Board has the authority to act on this matter pursuant to Hernando County Code of Ordinances and Chapter 125, Florida Statutes.
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RECOMMENDATION
It is recommended the Board determine if to approve or deny the appeal by Community Bible Church for the relief of contribution to the Transportation Trust Fund, Fees/Sidewalk account in the amount of $26,284.50.