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Resolution Revising Prior Approval of Petition Submitted by Alfred P. Martucci and Sharon K. Martucci for Hardship Relief from Subdivision Regulations
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BRIEF OVERVIEW
On May 14, 2024, the Board of County Commissioners approved the petitioner’s requested relief from the strict application of a Class D Subdivision and further determined that, due to its unique configuration, the parcel be divided into three (3) parcels instead, as described in the survey attached hereto as Exhibit A.
On September 10, 2024, the Board of County Commissioners approved Resolution No. 2024-193, ratifying its approval of the petitioners’ request for a Class D Subdivision. However, Resolution No. 2024-93 incorrectly stated the Board’s announcement of the subdivision of the parcel.
Subsequent to the Board ratification, the petitioner requested that the lot lines be redrawn and submitted with an updated survey to the Property Appraiser’s Office to split the lots. This subdivision cannot be processed without the Board approval of a revised resolution.
The attached resolution contains language correcting and affirming the Board’s approval of the petitioners’ request and the actions taken pursuant to that approval, as announced on May 14, 2024. It states that the three (3) parcels created by the Class D Subdivision shall be divided in accordance with the survey attached hereto as Exhibit A. This exhibit is attached for reference.
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."
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RECOMMENDATION
It is recommended that the Board approve and authorize the Chairman’s signature on the attached resolution.