Subject:
Title
Request for a waiver of Section 62-102(c), Unpaved Road Agreements (District 1)
Applicant: Larry Stewart
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Fiscal Impact:
Indeterminate.
Dept/Office:
County Attorney's Office / Planning and Development
Requested Action:
Recommendation
Consider the applicant's request for waivers to Section 62-102(c), Brevard County Code of Ordinances, to allow construction of a house on property located at Parcel ID 20G-35-01-01-3-3.01 (Tax Account No. 2004427) without meeting any of the following Code requirements: (1) constructing an unpaved road within County right of way; (2) providing for the maintenance of said road; and (3) dedicating or deeding additional easements to the County on each side of the existing 30-foot right of way to meet the minimum right of way width requirement of 50 feet. Significantly, the Board of County Commissioners considered this request in regular session on October 26, 2021, and tabled the matter to allow the applicant to provide County staff with the information necessary to process such a waiver. The applicant has refused to provide the necessary information. If the Board denies the requested waivers, the Board may wish to direct the County Attorney to prepare a resolution setting forth findings of fact upon which the decision is based.
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Summary Explanation and Background:
Section 62-102 stipulates that no building permit for a single-family dwelling will be issued by the County unless the property on which the dwelling is to be located abuts a public road dedicated and accepted for maintenance by the County. Section 62-102(c) - Unpaved Road Agreements, provides that the County and a property owner whose property abuts a public right of way that is not maintained by the County may enter into an agreement to allow the issuance of a permit to construct an unpaved road within the right of way and obtain a permit for a single-family residence if certain criteria are met. Among those criteria are the following:
(1) Unpave...
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