FILE NUMBER: CU-02-14

PURPOSE: Conditional Use Permit for a Second Residence

GENERAL LOCATION: South side of Duffield Road, approximately 550' east of Goodwin Road

LEGAL DESCRIPTION: Lot 15, Block 5, Cedar Lane Sites, as per plat thereof recorded in Plat Book 11, Pages 38 - 40, of the Public Records of Hernando County, Florida in Section 8, Township 23 South, Range 20 East

FILE STATUS: All legal obligations have been completed.

STAFF FINDINGS:

Surrounding Zoning Surrounding Land Uses

North: R-1A Mobile home

South: R-1A Mobile home

East: R-1A Mobile home

West: R-1A Mobile home

The petitioner has submitted a request to renew a conditional use permit for a second residence. The petitioner initially received approval in 1994. The permit was subsequently renewed in 1996 and 2000.

1. The property is currently zoned R-1A.

2. The property comprises approximately .69 acres.

3. The subject property contains two mobile homes.

4. The subject property has access from Duffield Road, a limerock road.

5. The subject property is located within a rural land use classification on the adopted Future Land Use Map.

6. The on-site soil types are predominately Wauchula fine sands, with a small portion on the southern boundary being Blichton loamy fine sand.

7. The subject property is located in a flood zone C.

8. Central water is available to serve the subject property; however, central sewer is not.

9. There are adequate public facilities available to serve limited development on the subject property.

10. The surrounding area is characterized by mobile homes, single family houses and vacant lots.

The petitioner requests the renewal of a conditional use permit for a second residence due to a hardship. The original petition was approved in August 1994 for a period of two (2) years. The petition was subsequently renewed in 1996 and 2000. County development regulations allow the issuance of a conditional use permit for a period not to exceed two (2) years; however, with P&Z approval, the permit can be extended as long as the hardship continues to exist. The petitioner would have to reapply to extend the permit prior to the expiration of the two (2) year time frame.

The petitioner has indicated that the conditional use permit is for the continued placement of a second residence on the .69 acre lot for the petitioner's mother. The petitioner has indicated that his mother is elderly and in declining health. The petitioner indicates the second residence provides his mother with some measure of independence and privacy while he is able to provide assistance with her medications and daily needs. The petitioner has provided correspondence from his mother's physician substantiating her medical condition and indicating she requires assistance at home.

The subject property is developed with a 1440 square foot mobile home and a 600 square foot mobile home. Access to the site is via Duffield Road, a limerock road.

The Health Department has indicated an inspection of the existing onsite sewage treatment and disposal system servicing both homes will be required.

The City of Brooksville has no objection to the request.

The subject property is located within a rural land use classification.

The surrounding area consists of a mixture of mobile homes, single family residences and vacant lots. The property is zoned R-1A, which allows mobile homes as a permitted use.

Under the County LDRs, the Planning & Zoning Commission determines whether a hardship continues to exist and, if such a determination is made, the Planning & Zoning Commission may approve the Conditional Use Permit for a second residence for a period of up to two (2) years.

The conditional use permit process is a land use determination and does not constitute a permit for either construction, or use of, the property, or a Certificate of Concurrency. Prior to use of, or construction on, the property, the petitioner must receive approval from the appropriate County Department(s) for the use, which may include review by the Development Review Committee (DRC).

The granting of this land use determination does not protect the owner from civil liability for recorded deed restrictions which may exceed any county land use ordinances. Homeowners associations or architectural review committees require submission of plans for review and approval. The applicant for this land use request should contact the local association or the Public Records for all restrictions applicable to this property.

STAFF RECOMMENDATION:

The Planning staff recommends the Planning and Zoning Commission determine whether a hardship continues to exist and, if such a determination is made, the P&Z may approve the continuance of the second residence on the parcel for a period of up to two (2) years. If approved, the conditional use permit should be contingent upon:

1. The petitioner must maintain all permits from Hernando County and meet all applicable land development regulations, for either construction or use of the property.

2. The petitioner removing the second residence upon termination of the permit, or when the hardship no longer exists.

3. The petitioner shall have the existing onsite sewage treatment and disposal system servicing both homes inspected by the Health Department within 30 days of P&Z approval.

P&Z ACTION:

The Planning and Zoning Commission voted 5-0 to determine a hardship continues to exist and approved the continuation of the second residence on the parcel for a period of up to two (2) years with the following modified performance conditions:

1. The petitioner must maintain all permits from Hernando County and meet all applicable land development regulations, for either construction or use of the property.

2. The petitioner removing the second residence upon termination of the permit, or when the hardship no longer exists.