WHEREAS, Hernando County has adopted zoning regulations pursuant to Chapter 163 and Section 125.01(1), Fla. Stat.,which authorize the County to regulate the use of land in the unincorporated areas of Hernando County, Florida, and take action on the request herein; and,
WHEREAS, the Hernando County Board of County Commissioners (BOCC) conducted a duly advertised public hearing on March 15, 2006, to consider the requested changes in zoning on the specified parcel(s) in Hernando County, Florida, as more fully described below.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF HERNANDO COUNTY, FLORIDA AS FOLLOWS:
APPLICANT: Joseph Pastore FILE NUMBER: H-06-14
PURPOSE: Master Plan Revision for a Reduction in Lot Setbacks
GENERAL
LOCATION: Approximately 1,700' south of Elgin Boulevard, south of Sand Ridge Boulevard
LEGAL
DESCRIPTION: Sand Ridge Phase II, as per plat thereof recorded in Plat Book 37, Pages 13 - 15, of the Public Records of Hernando County, Florida in Section 9, Township 23 South, Range 18 East
REQUEST: Master Plan Revision for a Reduction in Lot Setbacks; and subject to performance condition(s) as enumerated in the BOCC Meeting Results Memorandum (which is incorporated herein by reference and made a part hereof). The representations contained in the Applicant's rezoning application are incorporated herein by reference and made a part hereof and are relied upon by the County to be true and correct. For purposes herein, it is presumed that all requisite notice and advertising requirements have been satisfied.
FINDINGS
OF FACT: ALL of the facts and conditions set forth in the County's staff memoranda and presented to the BOCC in connection with the public hearing in this matter are incorporated herein by reference and made a material part of this Resolution as integral to the BOCC's action. The BOCC finds that the testimony and record supporting approval of the Master Plan Revision to reduce the front/corner lot setbacks and denial of the Master Plan Revision to reduce the rear lot setbacks to be credible and to constitute competent substantial evidence. In further support thereof, the BOCC makes the following specific findings of fact:
1. The requested Master Plan Revision to reduce the setbacks along corner/front lots would not be an encroachment of incompatible uses (that are destructive to the character and integrity of the residential environment) into existing and future residential areas.
2. Adequate justification has not been provided to warrant the reduction in the rear lot setbacks to 10'.
3. The requested Master Plan Revision to reduce the setbacks along corner/front lots is consistent with the County's adopted Comprehensive Plan subject to compliance with all performance conditions set forth in the BOCC Meeting Results Memorandum.
CONCLUSIONS
OF LAW: The BOCC is authorized to act on this matter pursuant to Chapters 125 and 163, Fla. Stat. Accordingly, after public hearing and testimony, being fully advised in the record, and based upon competent substantial evidence, the BOCC makes the following specific conclusions of law:
1. The requested Master Plan Revision to reduce the setbacks along corner/front lots is consistent with the County's adopted Comprehensive Plan subject to compliance with all performance conditions set forth in the BOCC Meeting Results Memorandum.
ACTION: After notice and public hearing, based upon the record in this matter and ALL of the findings of fact and conclusions of law above, the BOCC hereby APPROVES the Master Plan Revision to reduce the front/corner lot setbacks subject to all conditions set forth in the BOCC Meeting Results Memorandum which is incorporated herein by reference and made a part hereof; and DENIES the request to reduce the rear lot setbacks. Any actions, uses, variances or exceptions which are outstanding to the instant request and not specifically addressed herein are hereby deemed DENIED.
ADOPTED IN REGULAR SESSION THE 15th DAY OF MARCH, 2006
BOARD OF COUNTY COMMISSIONERS
HERNANDO COUNTY, FLORIDA
Attest:__________________________ By:______________________________________
KAREN NICOLAI, CLERK DIANE B. ROWDEN, CHAIRPERSON
(SEAL)