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File #: 11042   
Type: Resolution Status: Adopted
File created: 9/6/2022 In control: Board of County Commissioners
On agenda: 10/11/2022 Final action: 10/11/2022
Enactment date: 10/11/2022 Enactment #: RES-2022-189
Title: Petition Submitted by Fortunata Festante, Timothy Mobley, and Chelsea Mobley for Family Hardship Relief From Subdivision Regulations
Attachments: 1. Denial Resolution - Festante, 2. Application for Creating Class C Subdivision, 3. Class C Denial Letter - Festante, 4. Appeal Letter, 5. Survey, 6. Aerial, 7. Map, 8. Approval Resolution - Festante, 9. Approved Resolution No. 2022-189
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Petition Submitted by Fortunata Festante, Timothy Mobley, and Chelsea Mobley for Family Hardship Relief From Subdivision Regulations

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BRIEF OVERVIEW
This subject property is approximately 3,954 feet west of Fort Dade Avenue and 2,665 feet east of the Suncoast Parkway and is currently approximately 40 acres. The applicant, Fortunata Festante, submitted a Class C Subdivision application to create three (3) parcels from the approximate 40-acre parcel; one parcel would be approximately 2.5 acres, the second parcel would be approximately 3.0561 acres, and the remainder would be an approximate 34.4152 acres.

Section 26-3(e) of the Hernando County Code of Ordinances requires that Class C Subdivisions created in a residential, agricultural-residential, or rural zoning districts shall meet the following:

1. Sec. 26-3(e) Class C (1) - The minimum access to a Class C subdivision is via a thirty-foot county-maintained and owned right-of-way.

2. Sec. 26-3(e) Class C (3) a. - A sixty-foot access and utility tract with a cleared and maintained right-of-way width of thirty (30) feet improved to the following minimum standards: a compacted limerock travel surface, or other surface acceptable to the county engineer, twelve (12) feet in width, and four (4) inches thick.

The proposed parcels do not meet the above requirements and the parcel subdivision was denied. The petitioner seeks approval by the Board for family hardship relief from these requirements.

Should the Board determine that a family hardship is warranted, Section 26-3(g) of the Hernando County Code of Ordinances requires compliance with items (1) through (4) listed in the Legal Note above, 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 family hardship is denied, the Board should authorize the Chairman's signature on the denial resolution.

FINANCIAL IMPACT
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