PLACEMENT: Departmental - Quasi-Judicial
TITLE:
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REQUEST FOR A VARIANCE TO ALLOW THE ISSUANCE OF A BUILDING PERMIT ON A LEGAL LOT OF RECORD THAT DOES NOT FRONT AN OPEN ROAD BUT HAS ACCESS VIA AN EASEMENT
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EXECUTIVE SUMMARY:
executive summary
Pursuant to Section 4.843.K.1.c, Land Development Regulations, Martin County Code, this is a request from Robert Donovan and Jaime Donovan and Shannon Beem and Gerald Beem for a variance to allow the issuance of a building permit on a legal lot of records that does not front an open road, but has access to an open road established by a record easement no more than 1/4 mile (1,320 feet) long.
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DEPARTMENT: Public Works
PREPARED BY: Name: Jet Martel
Title: Acting County Surveyor
REQUESTED BY: Robert Donovan and Jaime Donovan and Shannon Beem and Gerald Beem
PRESET:
PROCEDURES: Quasi-Judicial
BACKGROUND/RELATED STRATEGIC GOAL:
Pursuant to Section 4.843.K.1.c, Land Development Regulations, Martin County Code, Robert Donovan and Jaime Donovan and Shannon Beem and Gerald Beem has requested that the Board of County Commissioners grant a variance to allow the issuance of a building permit on a legal lot of record that does not front on an open road. The parcel does have access to the open road established by a recorded easement no more than 1/4 mile (1,320 feet) long. The parcels are described in Exhibit “A” as The West One-Half (1/2) of Tract 8, Section 28, Township 38 South, Range 40 East, Palm City Farms according to the Plat thereof recorded in Plat Book 6, Page 42, of the Public Records of Palm Beach (now Martin) County, Florida. Excepting and excluding from this conveyance the land covered by the canals and ditches described in the Plan of Reclamation of the Palm City Drainage District; and also two strips of land, each 15 feet wide, one strip 15 feet begin parallel with adjoining and contiguous to one edge or bank of each of said ditches or canals, and the other strip of 15 feet being parallel with, adjoining and contiguous to the other edge or bank of each or said ditches or canals (Parcel Identification Number: 28-38-40-000-008-00002-0) and The East One-Half (1/2) of Tract 8, Section 28, Township 38 South, Range 40 East, Palm City Farms according to the Plat thereof recorded in Plat Book 6, Page 42, of the Public Records of Palm Beach (now Martin) County, Florida. Excepting and excluding from this conveyance the land covered by the canals and ditches described in the Plan of Reclamation of the Palm City Drainage District; and also two strips of land, each 15 feet wide, one strip 15 feet begin parallel with adjoining and contiguous to one edge or bank of each of said ditches or canals, and the other strip of 15 feet being parallel with, adjoining and contiguous to the other edge or bank of each or said ditches or canals (Parcel Identification Number: 28-38-40-000-008-00001-0)
According to Martin County Code, Land Development Regulations, Section 4.843.K.1.c, the Board of County Commissioners may grant a variance that allows a building permit on a lot not fronting an opening road provided that the Board determines the following:
1. It is a legal lot of record; and
2. The lot has legal access to an open road that is:
a. Reasonable and practical; and
b. In general conformity to the style and character of the neighborhood; and
c. Established by recorded easement no more than 1/4 mile (1,320 feet) long; and
3. The variance does not create an undue burden on the County’s provision of public safety or public services.
Staff’s analysis of the required determinations follows the requirement:
1. The subject lot is a legal lot of record and was established pursuant to Palm City, Farms according to the plat thereof, recorded in Plat Book 6, Page 42, Public Records of Palm Beach (now Martin) County, Florida, record information exp. Plat Name, according to the plat thereof, as recorded in Plat Book #, Page #, Public Records of Martin County, Florida, recorded in 1916.
2. The lot has reasonable and practical access to an open road and is in general conformity with the character of the surrounding neighborhood that does not exceed than 1/4 mile (1,320 feet) in length. Access to the lot is established by an access and utilities easement agreement recorded in Official Records Book 3536, Page 2860, Public Records of Martin County, Florida.
Use of the access, which is located outside of a public right-of-way, would not place an undue burden on the County’s provision of public safety or services.
ISSUES:
The Board of County Commissioners has asked to be notified if the parcel associated with such a variance is within the Urban Service Boundary and if the parcel is in Pal Mar or Palm Beach Heights subdivisions. The subject parcel is not within the Primary Urban Service Boundary nor is it contained within the Pal Mar or Palm Beach Heights subdivisions.
LEGAL SUFFICIENCY REVIEW:
Because this request involves the application of a policy to a specific application and site, it is a quasi -judicial decision. Quasi-judicial proceedings must be conducted with more formality than a legislative proceeding. In quasi-judicial proceedings, parties are entitled - as a matter of due process - to cross examine witnesses, present evidence, demand that witnesses testify under oath, and demand a decision based on a correct application of the law and competent substantial evidence in the record.
RECOMMENDED ACTION:
RECOMMENDATION
1. Move that the Board receive and file this Agenda Item Summary and all its attachments for the record as Exhibit 1.
2. Move that the Board grant the variance and adopt the Resolution to allow the issuance of building permits on certain parcels identified as Exhibit “A”.
ALTERNATIVE RECOMMENDATIONS
None
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☐Other: