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File #: 14131   
Type: Resolution Status: Agenda Ready
File created: 5/31/2024 In control: Board of County Commissioners
On agenda: 6/25/2024 Final action:
Enactment date: Enactment #:
Title: Petition Submitted by Timothy Kennedy and Hye Kennedy for Hardship Relief From Subdivision Regulations
Attachments: 1. 1481095 Aerial Map, 2. 1481095 Location Map, 3. Request to Appeal Denial, 4. Letter of Denial, 5. Class D Subdivision Review Application, 6. Class D Survey Lot Split, 7. General Warranty Deed, 8. Class D Subdivision Department of Public Works Clearance Form, 9. Approval Resolution - Kennedy, 10. Denial Resolution - Kennedy, 11. Approved Resolution No. 2024-152 (LS14131).pdf
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Petition Submitted by Timothy Kennedy and Hye Kennedy for Hardship Relief From Subdivision Regulations

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BRIEF OVERVIEW
This subject property (Key No. 1227513) is located on 19090 Ayers Road. The applicants Timothy and Hye Kennedy submitted a Class D Subdivision application to create two (2) parcels from the approximate 19.30-acre parcel; one parcel would be approximately 8.33 acres and the second parcel would be 10.95 acres. Section 26-3(e) of the Hernando County Code of Ordinances requires that Class D Subdivisions created in a residential 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(g) 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 Chairperson'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 Chairperson'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(g) 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 petitio...

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