Subject:
Title
Waiver of Section 62-102(c), Re: Unpaved Road Agreements to Allow Access Via Paper Right-of-Way to Dixie Way (District 1)
Applicant: Lawrence Stewart
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Fiscal Impact:
None
Dept/Office:
Planning and Development
Requested Action:
Recommendation
The applicant is seeking the Board's approval of a waiver to the Code of Ordinances of Brevard County, Section 62-102(c) to allow construction of a house at Tax ID 2004427 without: (1) constructing an unpaved road within county right-of-way; (2) providing for the maintenance of said roadway; and (3) agreeing to a proportion share assessment for the paving of the roadway.
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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 abuts a public maintained road dedicated and accepted for maintenance by the County. Section 62-102(c), Unpaved road agreements, provides that the Board and a property owner whose property abuts a right-of-way (ROW) which is not maintained by the County may enter into an agreement to construct a home that is subject to: (1) the applicant constructing an unpaved road within county right-of-way; (2) providing for the maintenance of said roadway; and (3) agreeing to a proportion share assessment for the paving of the roadway (see Staff Report). The applicant is requesting that the Board allow them to construct a single-family home with the access via an unpaved and unmaintained County right-of-way without entering into the required agreement for unpaved roadway construction, maintenance, and paving.
The subject property is located approximately 640 feet east of Dixie Way, which is a county maintained unpaved road. The unmaintained right-of-way in question intersects with Dixie Way, is 30' wide, and was created by Plat Book 8, Page 48 recorded in 1937. Aerial photos from 2014 to current show a grassy trail through the right-of-way. Asphalt millings have recently be...
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