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Petition Submitted by Joseph S. Lhotka for Hardship Relief from Subdivision Regulations for Property Located on Jacobs Way
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BRIEF OVERVIEW
This Subject Property (Key No. 332900) is lying on Jacobs Way. The applicant, Joseph S. Lhotka, submitted a Class D Subdivision application to create two (2) parcels from the approximate 46.90 +/- acre parcel: Parcel A would be approximately 34.81 +/- acres and Parcel B would be approximately 10.26 +/- acres.
Section 26-3(e) Class D(2)b.i of the Hernando County Code of Ordinances requires that Class D Subdivisions created in a residential zoning district shall meet the following:
• Each lot must be created from a parent parcel with frontage on an existing county maintained street or private street built and maintained to county standards.
The proposed parcels do not meet the above requirements, so the parcel subdivision was denied. As a result, the applicant 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 on 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 requirement of the Hernando County Land Development Regulations for a Class D Subdivision.
STRATEGIC PLAN INITIATIVES
The request is consistent with Strategic Theme D, "Quality of Life".
FINANCIAL IMPACT
A matter of policy. There is no 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 that the governing body has determined that the provisions of the Class D Subdivision regulations have placed an undue burden on the petitioner’s ability to transfer land 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 of County Commissioners deny or approve the Class D Subdivision with conditions and adopt the associated attached proposed resolution.