Item W3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
Auqust20.2003
No X
Division:
Growth Manaqement
Bulk Item: Yes
Department:
Plannino
AGENDA ITEM WORDING:
Public hearing to adopt an ordinance deleting Sec. 9.5-523, Monroe County Code and
creating a new Sec. 9.5-523 Administrative Variance procedure granted by the planning
director; creating new Sec. 9.5-524, Variances granted by the planning commission; and
creating a new Sec.9.5-282, Residential dwelling permits and bulk regulations.
(One public hearing required)
ITEM BACKGROUND:
The planning department is proposing an amendment that will reduce the number of
variances that must be resolved by the planning commission and provide a mechanism that
permits the director of planning to grant relief. This change will make it much easier for
applicants with properties that require minimal relief to obtain development approval without
having to go through a long process that requires a public hearing and planning commission
approvals. In addition, the planning department is proposing an amendment allowing a
waiver of the front yard setback requirements if existing uses are closer to the road than
currently permitted.
PREVIOUS RELEVANT BOCC ACTION:
None
'CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/A
BUDGETED: Yes N/A No
COST TO COUNTY: N/A
REVENUE PRODUCING: Yes N/A No
SOURCE OF FUNDS: N/A
AMOUNT PER MONTH N/A
Year
DISPOSITION:
Revised 1/03
Included ~ To Follow Not Required
AGENDA ITEM #--1AL1
Risk Management_
APPROVED BY: County Atty ~
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
AMENDMENT TO THE MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
AMENDMENTS DELETING SECTION 9.5-523 (VARIANCE); CREATING A NEW
SECTION 9.5-523 (ADMINISTRATIVE VARIANCES GRANTED BY THE
PLANNING DIRECTOR); CREATING A NEW SECTION 9.5-524 (VARIANCES
GRANTED BY THE PLANNING COMMISSION); CREATING A NEW SECTION
9.5-282 (RESIDENTIAL DWELLING PERMITS AND BULK REGULATIONS) OF
THE MONROE COUNTY CODE.
DRC
PC
Approval
Approval
#D 13-02
#P45-03
May 1, 2003
July 15, 2003
Board of County Commissioners
Key Largo
August 20,2003
BOCC DRAFT ORDINANCE
ORDINANCE NO. -2003
AN ORDINANCE DELETING SECTION 9.5-523 (VARIANCE);
CREATING A NEW SECTION 9.5-523 (ADMINISTRATIVE VARIANCES
GRANTED BY THE PLANNING DIRECTOR); CREATING SECTION 9.5-
524 (VARIANCES GRANTED BY THE PLANNING COMMISSION);
CREATING SECTION 9.5-282 (RESIDENTIAL DWELLING PERMITS
AND BULK REGULATIONS) OF THE MONROE COUNTY CODE;
PROVIDING FOR THE SEVERABILITY; PROVIDING FOR THE REPEAL
OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE; DIRECTING
THE CLERK OF THE BOARD TO FORWARD A CERTIFIED COPY OF
THIS ORDINANCE TO THE FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the planning department is proposing an amendment that will
reduce the number of administrative variances that must be resolved by the planning
commission and provide a mechanism that permits the director of planning to grant
relief; and
WHEREAS, this change will make it much easier for applicants with properties
that require minimal relief to obtain development approval without having to go through a
long process that requires a public hearing and planning commission approvals; and
WHEREAS, the proposed amendment would have relieved the planning
commission and staff of the time and effort required to process variances; and
WHEREAS, the Planning Commission recommends that the director of planning
be given the authority to waive certain setback regulations; and
WHEREAS, the Florida Keys are home to several older neighborhoods that were
developed before the existing regulations were drafted; and
WHEREAS, the Planning Commission finds that it is important to protect the
charm and character of these older neighborhoods; and
WHEREAS, the immediate neighborhood in which a building is located - the
context - could be used in determining if a setback can be waived. The Planning
Commission recommends that a new Section (Sec. 9.5-282. Residential dwelling
permits and bulk regulations) be added to the LOR's to address the context of the
existing neighborhood; and
WHEREAS, the Development Review Committee, at a public meeting of May 1,
2003 approved this amendment; and
WHEREAS, the Planning Commission held public hearings on the proposed
changes on May 7,2003, on May 28,2003, and on June 11, 2003, June 25' 2003; and
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WHEREAS, the Planning Commission, at those meetings, reviewed the following
items:
1. Staff Report and draft text of proposed changes
2. Testimony from staff
3. Testimony from John Wolfe, Counsel to PC
4. Testimony from the public; and
WHEREAS, the Monroe County Planning Commission recommends approval of
this amendment to the Board of County Commissioners; and
WHEREAS, the Monroe County Board of County Commissioners examined the
proposed amendment to the Monroe County Code submitted by the Monroe County
Planning Department; and
WHEREAS, the Monroe County Board of County Commissioners held a required
public hearing on August 20, 2003; and
WHEREAS, the Monroe County Board of County Commissioners hereby supports
the decision of the Monroe County Planning Commission and the staff of the Monroe
County Planning Department; and
WHEREAS, it is the desire of the Monroe County Board of County Commissioners
that the following amendment to the County Code be approved, adopted and transmitted
to the state land-planning agency for approval.
NOW THEREFORE,
BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. Section 9.5-523 of the Monroe County code is hereby deleted.
Section 2. The Monroe County Code is amended to add a new Section 9.5-523
to read as follows:
Sec. 9.5-523. Variances aranted bv the plannina director.
(a) Purpose: The purpose of this section is to establish authority.
procedures. and standards for the Qrantino of variances from
certain requirements of this chapter.
(b) Authoritv and Scope of Authoritv: In addition to waivers from front
yard setback requirements that may be oranted by the planninq
director pursuant to Section 9.5-282. the plannino director is
authorized to qrant the followinq variances accordino to the
standards of paraoraph (f) of this section:
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(1) Reduction in the front. and rear yard. non-shoreline setback
requirements in division 4. article VII by no more than ten
(10) feet and side yard setback by no more than twenty (20)
percent
(2) Reduction in the off-street parkino requirements in division 9.
Article VII bY no more than twenty (20) percent.
(3) Reduction in the buffervard width requirements for Class C. D.
E. and F district boundaries. maior streets. and scenic
corridors in division 11, article VII by no more than ten (10)
percent.
(4) Reduction by no more than ten (10) percent in the total area of
landscapinq required for off-street parkino and loadino in
division 9. article VII.
(c) Application: An application for a variance under this section shall
be submitted to the plannino director.
(d) Procedures: The plannino director shall normally complete his
review of the entire application and render a proposed decision
within fifteen (15) workinq days of receipt of the application.
(e) Decision: The plannino director's decision shall be in writino.
Except for the special accessibility setback variance as provided
for in paraqraph (0) of this section, a variance shall only be
oranted if all of the standards in paraoraph (f) are met.
(f) Standards: The plannino director shall orant a variance under this
section if the applicant demonstrates that all of the followino
standards are met:
(1) The applicant shall demonstrate a showino of oood and
sufficient cause:
(2) Failure to orant the variance would result in exceptional
hardship to the applicant;
(3) Grantino the variance will not result in increased public
expenses. create a threat to public health and safety, create a
public nuisance, or cause fraud or victimization of the public;
(4) Property has unique or peculiar circumstances, which apply to
this property, but which do not apply to other properties in the
same zonino district:
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(5) Grantina the variance will not qive the applicant any special
privileqe denied other properties in the immediate
neiohborhood in terms of the provisions of this chapter or
established development patterns;
(6) Grantino the variance is not based on disabilities. handicaps or
health of the applicant or members of his family;
(7) Grantino the variance is not based on the domestic difficulties of
the applicant or his family: and:
(8) The variance is the minimum necessary to provide relief to the
applicant.
(0) Soecia/ Accessibilitv Setback Variance: Notwithstandinq the
standards in subparaqraphs (f)(4 )(5) (6) and (7) of this section. a
variance from the yard setback requirements may be oranted for an
elevator or wheelchair lift or ramp required to allow access to the
elevated dwellino unit of a disabled applicant or disabled member of
his household.
(h) Public Notification of Prooosed Aoorova/: After determinino that an
application for a variance complies with the requirements of this
section. the plannina director shall provide written notice of proposed
approval and require postino as follows:
(1) The plannino director shall provide written notice by reaular mail
to owners of real property located within three hundred (300) feet
of the property that is the subiect of the proposed variance.
(2) The applicant shall post the property of the proposed variance
with a waterproof sian of at least four (4) square feet in front
surface area. which is lettered so as to be easily visible from all
public streets and public ways abuttina the property. The property
shall remain posted for no less than thirty (30) consecutive
calendar days beoinnina within five (5) workino days of the date
that the application is deemed to be in compliance by the plannino
director.
(3) The above notice and postino shall provide a brief description of
the proposed variance and indicate where the public may
examine the application. The cost of providino notice and postinq
shall be borne by the applicant. .
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(i) Decision by the p/annina director: After thirty (30) calendar days of
proper postinq, review of all public responses to the variance
application and upon a findino that the proposed variance and
application process have or have not complied with the requirements
of this section. the planninq director shall issue a written variance
decision.
(D Public Hearina by the p/annina commission: If requested in writinq by
the applicant. or an adversely affected owner or resident of real
property located in Monroe County durinq the required thirty (30)
calendar days of postino, a public hearinq shall be scheduled on the
application for a variance. All costs of the public hearino shall be the
responsibility of the applicant. The public hearino shall be conducted
in accordance with sec. 9.5-45 and provisions of sec. 9.5-524.
Section 3. The Monroe County Code is amended to add Sec. 9.5-524 to read as
follows:
Sec. 9.5-524. Variances aranted by plannina commission.
(a) PUf/Jose: The purpose of this section is to authorize procedures and
standards for the qrantinq of variances from certain provisions of this
chapter.
(b) Authority and Scope of Authority: The planninq commiSSion is
authorized to orant the followinq variances in accordance with the
standards in sec. 9.5-523 (f):
(1) Front. back. side, and rear yard setback requirements in division 4.
article VII.
(2) District boundary. major street and scenic corridor buffervard
requirements in division 11, article VII.
(3) Off-street parkinq and loadino space requirements in division 9.
Article VII.
(4) Landscapinq requirements in division 10, article VII.
(5) Access standards in division 14, article VII.
(c) Application and Procedures: An application for a variance shall be
submitted to the olanninq director. The olanninq director shall review
the entire application and all public responses thereto and prepare a
staff report with recommendations for the plannino commission. The
variance application shall be heard at a reoularly scheduled meetino of
Page 5 of 7
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the planning commission. Notice, posting and hearinq requirements
shall be in accordance with sec. 9.5-45.
(d) Decision: The planning commission's decision shall be in writino in
accordance with section 9.5-4. Except for the special accessibilitv
setback variance provided for in sec. 9.5-523 (0), a variance shall onlv
be qranted if the standards in section 9.5-523 (f) are met.
Section 4. The Monroe County Code is amended to add a new Sec. 9.5-282 to
read as follows:
Sec. 9.5-282. Residential dwellina permits and bulk reaulations.
The director of plannino may approve a permit that modifies or waives
the minimum front yard requirements set out in Section 9.5-281
provided the director expresslv finds that the existinq setback averaqe
on the street is less than the district standard and the modification or
waiver will not result in a setback that is less than the setback on the
adiacent structures.
Strikethrough text is deleted
Underlined text is new
Section 5.
Section 6.
Section 7.
Section 8.
Section 9.
If any section, subsection, sentence, clause, item, change, or
provision of this ordinance is held invalid, the remainder of this
ordinance shall not be affected by such validity.
All ordinances or parts of ordinances in conflict with this ordinance
are hereby repealed to the extent of said conflict.
The provisions of this ordinance shall be included and
incorporated in the Code of Ordinances of the County of Monroe,
Florida, as an addition or amendment thereto, and shall be
appropriately renumbered to conform to the uniform numbering
system of the Code.
This ordinance shall be filed in the Office of the Secretary of State
of Florida, but shall not become effective until a notice is issued
by the Department of Community Affairs or Administrative
Commission approving the ordinance.
This ordinance shall be transmitted by the Planning Department to
the Department of Community Affairs to determine the
consistency of this ordinance with the Florida Statutes.
Page 6 of 7
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M\.I\.a-""t-~.,.) ..."" ...""'-IoJ.....'""'...."'__ ---.... .~....... ........ .-- ...-- .....-------~-
~ M\.tCo.
. / .
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the _day of . A.D., 2003.
(SEAL)
Attest:
By
Mayor Dixie M. Spehar
Mayor Pro Tem Murray E. Nelson
Commissioner Charles .Sonny. McCoy
Commissioner George Neugent
Commissioner David Rice
Danny L. Kolhage
Deputy Clerk
Page 7 of 7
C:\TEMP\80CC ORD .doc
Board of County Commissioners
of Monroe County, Florida
By
Mayor/Chairman
BOCC STAFF REPORT
MEMORANDUM
TO: Monroe County Board of County Commissioners
FROM: Fred Gross, Director, Lower Keys Island Planning Team
DATE: July 31, 2003
RE: Deletion of Sec. 9.5-523. Variance. Creation of new Sec.
9.5-523. Administrative Variances granted by the planning
director. Creation of Sec. 9.5-524 Variances granted by the
planning commission. Creation of Sec.9.5-282. Residential
dwelling permits and bulk regulations.
I. BACKGROUND
From 1999 until today, there have been 13 requests for a variance of the Land
Development Regulations that were not a part of the conditional use process.
Each of these variances required the time-consuming process that includes an
advertised public hearing before the planning commission. The process is long,
expensive for the applicant, and absorbs valuable time of the planning
commission and planning commission staff. Of the 13 administrative variances,
none have been denied and at only one public hearing was there a speaker other
than staff. After this lengthy procedure, all of the variances requesting minor
relief of setbacks, parking or landscaping were granted.
The planning department is proposing a limited alternative that will reduce the
number of administrative variances that must be resolved by the planning
commission and provide a mechanism that permits the director of planning to
grant relief. This change will make it much easier for applicants with properties
that require minimal relief to obtain development approval without having to go
through a long process that requires a public hearing and planning commission
approvals. The planning department is proposing an amendment to the Land
Development Regulations that would transfer the authority for granting variance
approval for certain minor variance requests directly to the director of planning.
All of the 13 approved variances were minor adjustments to the existing setback
regulations and were presented to the planning commission with a
recommendation for approval by staff. The proposed amendment would have
relieved the planning commission and staff of the time and effort required to
process 8 of the 13 approved variances. Furthermore, it would have enabled
those applicants to receive development approval more quickly and at less
Page 1 of 3
P:\Fred Gross Working\Gross-FredWariances\BOCC staff report.doc
expense. Given the nature and magnitude of the 13 approved variances, a
strong case can be made to transfer the authority for granting variance approval
for all variance requests directly to the director of planning. The smallest of the
approved variances granted a reduction in a side yard from the required 10 feet
to 7 feet (a 3-foot variance). The largest of the approved variances granted a
reduction in a front yard setback from the required 25 feet to 14 feet (an 11-foot
variance ).
In addition to the need to revise the variance regulations required as a result of
the background described above, staff further recommends that the director of
planning be given the authority to waive certain setback regulations. The Florida
Keys are home to several older neighborhoods that were developed before the
existing regulations were drafted. The variance procedure, which is designed to
protect neighborhoods from development that is incompatible, makes it hard for
owners in these communities to add a porch or to expand as other houses in the
neighborhood have. These older neighborhoods often have consistent setbacks,
which are different from the existing standards but are a part of the charm and
character of the neighborhood.
The immediate neighborhood in which a building is located - the context - could
be used in determining if a setback can be waived. Staff recommends that a new
Section (Sec. 9.5-282. Residential dwelling permits and bulk regulations) be
added to the LDR's to address the context of the existing neighborhood.
The planning commission reviewed the draft language at their meetings of May
7,2003, May 28,2003, June 11,2003. At those meetings, several modifications
were made to the text. The final text was approved on June 25, 2003.
II. ANALYSIS & FINDINGS OF FACT
1. The Planning staff finds that there is a need to delete the original Sec. 9.5-
523. (Variances) and to create a new Sec. 9.5-523 authorizing the planning
director to make decisions concerning the approval of administrative
variances from certain provisions of this chapter.
2. The Planning staff finds that the proposed change is consistent with Section
9.5-511 (d)(5) b. (iv) New Issues and (v) Recognition of a need for additional
detail or comprehensiveness.
3. The Planning staff finds that the proposed change is consistent with the goals
of the Monroe County Year 2010 Comprehensive Plan.
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IV. RECOMMENDATIONS
Based on the Findings of Fact above, the Planning staff recommends
APPROVAL to the Board of County Commissioners of the proposed deletion of
Section 9.5-523, the creation of a new Section 9.5-523 and creation of Section
9.5-282 of the Monroe County Code.
Page 3 of 3
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PC RESOLUTION
MONROE COUNTY, FLORIDA
PLANNING COMMISSION. RESOLUTION #P45-03
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL TO THE
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
OF THE REQUEST FILED BY THE MONROE COUNTY
PLANNING DEPARTMENT AMENDING LAND DEVELOPMENT
REGULATION SECTION 9.5-523 (VARIANCES) AND
CREATING SECTION 9.5-282. RESIDENTIAL DWELLING
PERMITS AND BULK REGULATIONS.
WHEREAS, from 1999 until today, there have been 13 requests for an
administrative variance of the Land Development Regulations that were not a
part of the conditional use process; and
WHEREAS, each of these variances required the time-consuming process
is expensive for the applicant, and absorbs valuable time of the planning
commission and planning commission staff; and
WHEREAS, of the 13 administrative variances, none have been denied
and at only one public hearing was there a speaker other than staff and after this
lengthy procedure, all of the variances requesting minor relief of setbacks,
parking or landscaping were granted; and
WHEREAS, the planning department is proposing a limited alternative that
will reduce the number of administrative variances that must be resolved by the
planning commission and provide a mechanism that permits the director of
planning to grant relief; and
WHEREAS, this change will make it much easier for applicants with
properties that require minimal relief to obtain development approval without
having to go through a long process that requires a public hearing and planning
commission approvals; and
WHEREAS, the proposed amendment would have relieved the planning
commission and staff of the time and effort required to process 8 of the 13
approved variances; and
WHEREAS, staff recommends that the director of planning be given the
authority to waive certain setback regulations; and
WHEREAS, the Florida Keys are home to several older neighborhoods
that were developed before the existing regulations were drafted; and
Page 1 of 8
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WHEREAS, staff finds that it is important to protect the charm and
character of these older neighborhoods; and
WHEREAS, the immediate neighborhood in which a building is located -
the context - could be used in determining if a setback can be waived. Staff
recommends that a new Section (Sec. 9.5-282. Residential dwelling permits and
bulk regulations) be added to the LDR's to address the context of the existing
neighborhood; and
WHEREAS, the Development Review Committee, at a public meeting of
May 1, 2003 approved this amendment; and
WHEREAS, the Commission held public hearings on the proposed
changes on May 7,2003, on May 28,2003, and on June 11,2003, June 25,
2003; and
WHEREAS, the Commission, at those meetings, reviewed the following
items:
1. Staff Report and draft text of proposed changes
2. Testimony from staff
3. Testimony from John Wolfe, Counsel to PC
4. Testimony from the public; and
WHEREAS, the Commission finds that there is a need to amend Sec. 9.5-
523. (Variances) authorizing the planning director to make decisions concerning
the approval of administrative variances from certain provisions of this chapter;
and
WHEREAS, the Commission finds that the proposed change is consistent
with Section 9.5-511 (d)(5) b. (iv) New Issues and (v) Recognition of a need for
additional detail or comprehensiveness; and
WHEREAS, the Commission finds that the proposed change is consistent
with the goals of the Monroe County Year 2010 Comprehensive Plan;
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA, that the preceding findings of fact support their
decision to recommend APPROVAL to the Monroe County Board of County
Commissioners of the following amendments to the text of the Monroe County
Land Development Regulations as requested by the Monroe County Planning
Department:
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Proposed amendment to the Monroe County Year 2010 Comprehensive
Plan:
[THE FOLLOWING TEXT IS DELETED]
SeG. 9.5 523. Variance.
(a) Variancos may be granted to tho roquirements containod in divisions 10,
9, 1, 11, and 11, articlo VII, pursuant to the standmds and procedures set
forth in subparagraph (0) of this section, but only if 0 varianco is not
otherwiso availablo as port of tho conditional use approval procoss.
(b) Variancos may bo granted from the opon space ratio requiremonts of
sootion 9.5 182 according to the standards and procodures set forth in
subsection (e) of this soction. HOINover, no variance shall be grantod
undor this section if such varianco would result in on open spaco ratio loss
than that requirod by section 9.5 343.
(c) A variance may bo grantod from tho floor area ratios sot forth in section
9.5 269 pursuant to the standards and procodures set forth in subsoction
(e) of this soction.
(d) An application for a variance sholl bo submittod to the dovolopmont roview
coordinator in a form prescribed by tho planning director. Tho
dovelopmont roviow coordinator sholl schedule a hearing on the variance
upon receipt of a completed application. The notice requiromonts shall bo
those describod in soction 9.5 15. All applications for variancos undor this
soction shall be hoard and decided by tho planning commission at a
regularly schodulod public hearing. Appoals may bo filed by an owner,
applicant, adjacont property ownor, any aggrieved or adversely affected
person as dofinod by section 163.3215(2), Florida Statutos; or any
rosidont or real property owner may roquest on appeal of tho planning
commission's varianco decision under tho hoaring officer appollato articlo
of thoso rogulations [9 9.5 535 et seq.] by filing the notice required by that
artiole within thirty (30) days of tho dato of tho v:ritton varianco docision of
the planning commission.
(0) Tho planning commission, in granting or denying a variance under this
soction, sholl considor ':Jhothor the follmving conditions ore mot:
(1) ^ showing of good and sufficiont causo;
(2) Failure to grant tho variance would result in oxcoptional hardship to
tho applioant;
(3) ^ determination that tho granting of tho variance will not result in
additional throats to public oxponso which would not otherwiso
occur; create a nuisance; or causo fraud or victimization of the
public;
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(4) Uniquo or poculiar circumstancos or conditions which apply to the
proporty but which do not apply to other proportios in tho samo land
use district;
(5) Tho granting of the variance would not confer upon the applicant
any spocial pri'Jilege deniod by these rogulations to othor propertios
in tho same land uso district.
The planning commission, in dotermining whother the foregoing conditions for a
variance ore mot, shall considor tho f-ollowing factors rolovant:
(1) Physical charactoristics of the proposed construction for which a
variance is roquostod;
(2) Whethor it is possiblo to use tho proporty without tho '.'ariance;
(3) The increased or docroasod dangor to life and proporty if the
variance is or is not roquestod;
(1) The importance to tho community of the servicos to bo provided if
the proposod variance is grantod;
(5) The compatibility of the proposed varianco in light of oxisting and
pormitted dovelopment in tho immodiato aroa;
(6) Tho safety of accoss to tho proporty for ordinary and omergoncy
vohiclos if tho variance is or is not granted;
(7) The additional or lessened costs of providing govornmental
servicos if tho varianco is or is not grantod. The planning
commission shall not considor the following factors in dotormining if
the forogoing conditions aro met:
(1) The physical disabilitios or handicaps and hoalth of tho applicant or
membors of his family;
(2) Tho domestic difficultios of tho applicant or his family.
(Ord. No. 10 1988, ~ 190; Ord. No. 19 1993, ~ 16)
Annotation Amendmont 190 provided a spocific comprohensive varianco
procedure for dovelopmont standards.
Editor's note: l\mondment 190 added ~ 9.5 522, which tho oditor has
redosignated as ~ 9.5 523 sinco Ord. No. 22 1987 had boen added as ~ 9.5 522.
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[THE FOLLOWING TEXT IS NEW]
Sec. 9.5-523. Variances aranted bv the plannina director.
(a) Purpose: The purpose of this section is to establish authority.
procedures. and standards for the arantinq of variances from certain
requirements of this chapter.
(b) Authoritv and Scope of Authoritv: In addition to waivers from front yard
setback requirements that may be oranted by the plannina director pursuant to
Section 9.5-282. the planninq director is authorized to orant the followina
variances accordino to the standards of paraoraph (f) of this section:
(1) Reduction in the front. and rear yard. non-shoreline setback
requirements in division 4. article VII by no more than ten (10) feet and
side yard setback by no more than twenty (20) percent
(2) Reduction in the off-street parkino requirements in division 9, article VII
by no more than twenty (20) percent.
(3) Reduction in the buffervard width requirements for Class C. D. E. and
F district boundaries. maior streets. and scenic corridors in division 11.
article VII by no more than ten (10) percent.
(4) Reduction by no more than ten (10) percent in the total area of
landscapino required for off-street parkinq and loadino in division 9.
article VII.
(c) Application: An application for a variance under this section shall be
submitted to the plannino director.
(d) Procedures: The planninq director shall normally complete his review
of the entire application and render a proposed decision within fifteen (15)
workino days of receipt of the application.
(e) Decision: The plannino director's decision shall be in writino. Except
for the special accessibility setback variance as provided for in paraaraph (q) of
this section. a variance shall only be oranted if all of the standards in paraqraph
(f) are met.
(f) Standards: The plannino director shall qrant a variance under this
section if the applicant demonstrates that all of the followina standards are met:
(1) The applicant shall demonstrate a showino of oood and sufficient
cause:
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(2) Failure to qrant the variance would result in exceptional hardship to the
applicant
(3) Grantino the variance will not result in increased public expenses.
create a threat to public health and safety. create a public nuisance. or
cause fraud or victimization of the public;
(4) Property has unique or peculiar circumstances. which apply to this
property. but which do not apply to other properties in the same
zoninq district:
(5) Grantinq the variance will not oive the applicant any special privileoe
denied other properties in the immediate neiqhborhood in terms of the
provisions of this chapter or established development patterns:
(6) Grantino the variance is not based on disabilities. handicaps or health
of the applicant or members of his family;
(7) Grantinq the variance is not based on the domestic difficulties of the
applicant or his family: and;
(8) The variance is the minimum necessary to provide relief to the
applicant.
(0) Special Accessibilitv Setback Variance: Notwithstandinq the standards
in subparaoraphs (f)(4)(5) (6) and (7) of this section. a variance from the yard
setback requirements may be oranted for an elevator or wheelchair lift or ramp
required to allow access to the elevated dwellino unit of a disabled applicant or
disabled member of his household.
(h) Public Notification of Proposed Approval: After determinino that an
application for a variance complies with the requirements of this section. the
plannino director shall provide written notice of proposed approval and require
postinq as follows:
(1) The planninq director shall provide written notice by reoular mail to
owners of real property located within three hundred (300) feet of the
property that is the subiect of the proposed variance.
(2) The applicant shall post the property of the proposed variance with a
waterproof sion of at least four (4) square feet in front surface area.
which is lettered so as to be easily visible from all public streets and
public ways abuttinq the property. The property shall remain posted
for no less than thirty (30) consecutive calendar days beqinnino within
five (5) workinq days of the date that the application is deemed to be in
compliance by the plannino director.
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(3) The above notice and postino shall provide a brief description of the
proposed variance and indicate where the public may examine the
application. The cost of providinq notice and postinq shall be borne by
the applicant.
(i) Decision by the p/annina director: After thirty (30) calendar days of
proper postino. review of all public responses to the variance
application and upon a findina that the proposed variance and
application process have or have not complied with the requirements
of this section, the plannina director shall issue a written variance
decision.
(j) Public Hearina by the IJlannina commission: If requested in writinq by
the applicant. or an adversely affected owner or resident of real
property located in Monroe County durinq the required thirty (30)
calendar days of postinq, a public hearina shall be scheduled on the
application for a variance. All costs of the public hearina shall be the
responsibility of the applicant. The public hearino shall be conducted
in accordance with sec. 9.5-45 and provisions of sec. 9.5-524.
Sec. 9.5-524. Variances aranted bv plannina commission.
(a) Purpose: The purpose of this section is to authorize procedures and
standards for the orantinq of variances from certain provisions of this chapter.
(b) Authority and Scope of Authority: The plannino commission is
authorized to orant the followino variances in accordance with the standards in
sec. 9.5-523 (f):
(1) Front. back. side. and rear yard setback requirements in division 4.
article VII.
(2) District boundary. maior street and scenic corridor buffervard
requirements in division 11. article VII.
(3) Off-street parkinq and loadina space requirements in division 9. article
VII.
(4) Landscapino requirements in division 10. article VII.
(5) Access standards in division 14. article VII.
(c) Application and Procedures: An application for a variance shall be
submitted to the plannino director. The plannina director shall review the entire
application and all public responses thereto and prepare a staff report with
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recommendations for the planninq commission. The variance application shall
be heard at a reqularlv scheduled meetino of the planninq commission. Notice.
postinq and hearino requirements shall be in accordance with sec. 9.5-45.
(d) Decision: The planninq commission's decision shall be in writinq in
accordance with section 9.5-4. Except for the special accessibility setback
variance provided for in sec. 9.5-523 (q), a variance shall onlv be qranted if the
standards in section 9.5-523 (f) are met.
Sec. 9.5-282. Residential dwellina permits and bulk reaulations.
The director of plannino may approve a permit that modifies or waives the
minimum front yard requirements set out in Section 9.5-281 provided the director
expresslv finds that the existinq setback averaoe on the street is less than the
district standard and the modification or waiver will not result in a setback that is
less than the setback on the adiacent structures.
Striketm-ougR text is deleted
Underlined text is new
PASSED AND ADOPTED By the Planning Commission of Monroe County,
Florida at a regular meeting held on the 25th day of June, 2003.
David C Ritz, Chair
Vice Chair Denise Werling
Commissioner Jerry Coleman
Commissioner Jiulio Margalli
Commissioner Alicia Putney
YES
YES
YES
YES
YES
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
By
David C. Ritz, Chair
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