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File #: 12311   
Type: Resolution Status: Adopted
File created: 5/19/2023 In control: Board of County Commissioners
On agenda: 6/13/2023 Final action: 6/13/2023
Enactment date: 6/13/2023 Enactment #: RES-2023-122
Title: Petition Submitted by Hafcortez17, LLC, for Hardship Relief From Subdivision Regulations
Attachments: 1. Application, 2. Minor Subdivision Survey, 3. Petition For Relief From Hardship, 4. Aerial, 5. Map, 6. Approval Resolution, 7. Denial Resolution, 8. Approved Resolution No. 2023-122
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Petition Submitted by Hafcortez17, LLC, for Hardship Relief From Subdivision Regulations

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BRIEF OVERVIEW
This subject property is Located on Commercial Way. The applicants, HafCortez17, LLC submitted a Class D Subdivision application to create two (2) parcels from the approximate 7.6-acre parcel; one parcel would be approximately five (2) acres and the second parcel would be five (5) acres, more or less. Section 26-3(e) of the Hernando County Code of Ordinances requires that Class D Subdivisions created in a commercial zoning district shall meet the following:

1) Sec. 26-3(e) Class D (2) b.i 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 and the parcel subdivision was denied. The petitioners seek approval by the Board for hardship relief from these requirements.

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.

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...

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