Coversheet

Item Coversheet


	BOCC AGENDA ITEM

Item Title:	Why Road Access Waiver
Date:	4/10/2017
Department:	Planning and Economic Opportunity

Background:
On January 23, 2017, Nassau County modified the local regulations applicable to the division of land for the purpose of creating a homesite. The legislation also established alternative standards for roadway construction and, for the first time since 2000, directly addressed easements less than sixty-feet in width. The applicable regulation adopted in 2017 allowed for the placement of up to three homes on an existing 30' wide easement. This provision was inserted into the Land Development Code as a means to provide relief for property owners with existing lots located on these substandard access-ways. This relief valve is located in the Land Development Code. The Land Development Code provides for variance procedures to address certain requests such as a desire to exceed building height limitations or reduction of building setbacks. However, unlike the Roadway and Drainage Standards, the Land Development Code does not contain a wavier provision that grants the Public Works Director the authority to approve an additional home on a substandard roadway based on a technical assessment of the roadway's current and potential capacities. As is customary after adopting far-reaching legislation, Staff, in conjunction with the County Attorney's office, is compiling feedback from the first 60 days of the new subdivision regulations being implemented. The feedback will be used as the basis for drafting legislation that addresses situations like those brought to light in this particular case. However, in the interim, we will need to address these scenarios on a case by case basis. As such, staff is requesting the Board consider granting a waiver to allow one additional home on Why Road. Why Road is a 30' wide deed reservation for a "road or driveway". Within the 30' wide deed reservation there is an approximate 15' wide unpaved drive aisle. The drive aisle is privately maintained. Why Road currently serves nine dwellings. The Public Works Director visited the site and determined that Why Road is capable of handling the additional impact of one single family home. Note: Based on the existing development pattern, Why Road has no future potential of extension to the northwest.
Request:
Consider granting a wavier to allow one additional home to be constructed on Why Road subject to submitting an affidavit approved by the County Attorney prior to the issuance of a building permit.
Financial/Economic Impact to Future Years Budgeting Process or Effect on Citizens:
No impact
Action Requested and Recommendation:
Consider granting a wavier to allow one additional home to be constructed on Why Road subject to submitting an affidavit approved by the County Attorney prior to the issuance of a building permit. The affidavit shall address the nature of the roadway, maintenance responsibilities, and expectation of services. Staff recommends approval.
Is this action consistent with the Nassau County Comprehensive Land Use Plan?
Yes
Funding Source:
Fee Neutral

Additional Information Needed for Contracts/Agreements (If Applicable)

Contract Number assigned by Contracts Management:

For non-governmental agencies, has the document been sent to the vendor for signature?

Does the document need to be recorded? If so, who will pay the recordation fee?
No
Are there any special mailing instructions? (Include contact name, address, deadline for submittal, how to mail such as express mail, FedEx, etc):

How many originals are needed?

ATTACHMENTS:
Description	Upload Date	Type
Why Road Deed	3/31/2017	Backup Material
Why Road Survey	3/31/2017	Backup Material
Why Road Request - Foster	3/31/2017	Backup Material