TITLE
title
Resolution Ratifying Approval of Petition Submitted by Alfred P. Martucci and Sharon K. Martucci for Hardship Relief From Subdivision Regulations
body
BRIEF OVERVIEW
This subject property (Key No. 538948) is located at 10244 Tooke Lake Boulevard. The applicants Alfred P. and Sharon K. Martucci submitted a Class D Subdivision application to create two parcels from the approximate 5.0-acre parcel; one parcel would be approximately 3.7 acres and the second parcel would be 1.0 acres. At its meeting on May 14, 2024, the Board approved the petitioners’ request for a Class D Subdivision and the hardship for access for a county-maintained road allowing the original parcel to be subdivided into three parcels instead of two parcels as originally submitted to avoid having to return to another Board Meeting for another approval for the third parcel to be split off. The new 1.0-acre parcel bisected the long rectangular parent parcel by virtue of the split left a 4.0-acre parcel at the northern portion of the overall parent tract. The BOCC approved the Class D for the two (2) 1.0-acre parcels and determined the remnant 3.0-acre portion, due to its unique configuration, was now a legal lot of record.
This new agenda item is asking that the May 14, 2024, decision be ratified and for the Chairperson to be authorized to sign the approval resolution.
FINANCIAL IMPACT
There is no identified financial impact.
LEGAL NOTE
The Board has the authority to act on the request for relief from the Class D Subdivision regulations due to hardship in accordance with Chapter 26, Article I, Section 26-3(f) of the Hernando County Code of Ordinances. A petition for such relief may be filed by any person who feels the provisions of the Class D Subdivision regulations, if complied with, would place upon them an undue burden on their ability to transfer land.
The governing body, upon review of the petition, may approve the subdivision provided the governing body has determined that the provisions of the Class D Subdivision regulations have placed an undue burden on the petitioners' ability to transfer land to and:
1) All lots proposed to be created under the Board of County Commissioner's approval meet the minimum lot size of the zoning district in which the subdivision is to be located and conforms with the policies of the comprehensive plan.
2) All lots have a minimum of a fifteen-foot access/utility easement to provide access to the parcel(s).
3) Each deed of conveyance entered into and executed shall contain a legend setting forth in bold type a reference to the subdivision regulations and a statement that the "subject land is contained within a subdivision which has not been formally platted and said county has absolutely no obligation to maintain or improve roads and thoroughfares within the subdivision."
recommendation
RECOMMENDATION
It is recommended that the Board ratify its decision of May 14, 2024, granting the petition for hardship relief from subdivision regulations and authorize the Chairperson’s signature on the attached resolution.