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Petition Submitted by Cash Smith and Cathleen Smith for Hardship Relief From Subdivision Regulations for Property Located on Thrasher Avenue
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BRIEF OVERVIEW
This subject property (Key No1308230) is an AG (Agricultural) parcel lying on Thrasher Ave. The applicants, Cash Smith and Cathleen Smith, submitted a Class C Subdivision application to create four (4) parcels from the approximate 14.2 +/- acre parcel: Lot 1 (3.72 acres), Lot 2 (3.51 acres), Lot 3 (3.50 acres), and Lot 4 (3.46 acres).
Chapter 26, Article I, Section 26-3(e) Class C (4) of the Hernando County Code of Ordinances requires that a Class C Subdivision must meet the following:
1. Each lot must meet all applicable county development rules and be approved by the county.
Appendix A, Article IV, Section 6, Subsection A(6)iii. of the Hernando County Code of Ordinances provides that AG (Agricultural) parcels existing prior to January 1, 1990, may be used as follows:
iii. The subdivision of a minimum ten-acre parcel into a maximum of four (4) parcels each having a minimum lot size of two and one-half (2½) acres (including rights-of-way and access tracts) will be allowed, provided the county development and subdivision regulations are met.
The proposed parcels do not meet the above requirements, as it is not a parent parcel existing prior to January 1, 1990. So, the parcel subdivision was denied. As a result, the petitioners filed a Petition for Relief from Hardship, seeking the Board’s approval for relief from the requirement.
Should the Board determine that a hardship is warranted, Section 26-3(f) of the Hernando County Code of Ordinances requires compliance with items (1) through (3) listed in the Legal Note, and the Board should authorize the Chairman's signature upon the approval resolution, which will be recorded in the official records.
Likewise, if the petition for hardship is denied, the Board should authorize the Chairman’s signature on the denial resolution.
The owner’s application and appeal letter provided therein sufficiently meet the requirements of the Hernando County Land Development Regulations for a Class C subdivision.
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 C 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 C 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 C 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, as the sole authority, determine whether the provisions of the Class C Subdivision regulations, if complied with, would place an undue burden on the petitioners. Should the Board determine that a hardship is warranted, Section 26-3(f) of the Hernando County Code of Ordinances requires compliance with items (1) through (3) as listed in the Legal Note above.
It is further recommended that the Board approve or deny the applicants request and authorize the Chairman’s signature on the attached resolution consistent with the Board’s action.