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File #: 8037   
Type: New Business - Development and Environmental Services Group Status: Adopted
File created: 6/3/2025 In control: Planning and Development
On agenda: 7/22/2025 Final action: 7/22/2025
Title: Waivers of Subdivision Requirements, Re: Banyan Cove (24SP00039, 25WV00008, 25WV00011, 25WV00012, 25WV00013) DR Horton, Inc. (District 2)
Attachments: 1. 25WV00008 Application and Critieria.pdf, 2. 25WV00011 Waiver Application and Criteria.pdf, 3. 25WV00012 Waiver Application and Criteria.pdf, 4. 25WV00013 Application and Criteria.pdf, 5. Banyan Cove Civil Plans Set.pdf, 6. Traffic Memo.pdf, 7. Location Map.pdf
Subject:
Title
Waivers of Subdivision Requirements, Re: Banyan Cove (24SP00039, 25WV00008, 25WV00011, 25WV00012, 25WV00013)
DR Horton, Inc. (District 2)
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Fiscal Impact:
None
Dept/Office:
Planning and Development
Requested Action:
Recommendation
In accordance with Section 62-2849(a), the applicant is requesting that the Board of County Commissioners grant four (4) waivers (24SP00039, 25WV00008, 25WV00011, 25WV00012, and 25WV00013) to different sections of the Brevard County Land Development Code to allow the development of a 22-unit single-family attached subdivision. Should the Board approve these waivers, it is requested that it do so contingent on them being implemented consistent with the attached Plans. Any deviation from these plans shall render the waivers voidable.
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Summary Explanation and Background:
Planning and Development has received a site plan application for a 22-unit attached residential townhome development consisting of three buildings with six units each, and one building with four units. The plans were submitted with a preliminary plat with the intention of subdividing each unit for separate ownership. The applicant states that the project tract is narrow, and the physical conditions of the property cause an undue hardship to the applicant if the strict letter of the code is carried out. The applicant states that without the relief from code requirements granted by the waivers included in this application, the project will not be feasible.

Staff previously approved site plan 19SP00027 for a 14-unit residential multifamily development consisting of two buildings within the same project area that did not require any waivers because the project was a multi-family apartment development and provided off-street parking lots to meet the parking requirements. This project proposes individually owned, platted simple fee lots with driveways and garages for each unit. The applicant has provided supporting info...

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