PASCO COUNTY

DEVELOPMENT REVIEW DIVISION

VARIANCE APPLICATION AND REVIEW

SECTION 3 16, VARLANCE REQUESTS,

LAND DEVLEOPMENT CODE

A variance is a granting of relief from the requirements of the Pasco County Land Development Code.

VARIANCE REVIEW

The Development Review Committee @RC) shall grant a variance fiom the terms or requirements of the County's land development regulations when the DRC finds, based on the application submitted and the substantial competent evidence presented at the public hearing, that the variance requested is the minimum necessary to alleviate or address one or more of the following:

1. A strict application of the land development regulation creates an unreasonable or unfair non-economic hardship, or an inordinate burden that was not created by the variance applicant.

2. The specific application of the land development regulation conflicts with an important Goal, Objective, or Policy of the Comprehensive Plan, or with the intent and purpose of another recently adopted land development regulation that serves a greater public purpose.

3. The granting of the variance will provide a net economic benefit to the taxpayers of Pasco County and is not in conflict with important Goals, Objectives, and Policies of the Comprehensive Plan.

4. The granting of the variance is necessary to achieve an innovative site or building design that hrthers the Goals, Objectives, and Policies of the Comprehensive Plan.

5 . The intent and purpose of the land development regulation and related land development regulations and Comprehensive Plan provisions is met or exceeded through an improved or alternate technology or design.

6 . The granting of the variance is necessary to protect the public health, safety or welfare.

7. The variance is necessary to comply with State or Federal law.

8. The variance satisfies variance criteria set forth in the specific County land development regulation that is the basis for the variance request.

If the DRC determines that there is a lack of substantial competent evidence demonstrating compliance with at least one of the foregoing criteria, the DRC shall deny the variance request.

APPLICATION

The application for variance shall include all written justification, conceptual plans, site plans, citations to applicable authority, and other evidence that is necessary for the DRC to determine compliance with the above criteria.

DEC 112008

PASCO COUNTY BEVELOF'MEN REVlm

V ~ A N C : E NO.:

DATE: ' i \ k L - z / / ~ / o 9 PASCO COUNTY

APPLICATION FOR VARIANCE

DEVELOPMENT REVIEW COMMITTEE

VARIANCE BOARD

The undersigned owner(s) of the following legally described property have formally requested consideration of a variance in accordance with provisions of Florida Statutes and the Pasco County LDC, Section 316.

It shall be the responsibility of the petitioner, or herhis legal agent of record, to provide all information required below or any other information which is reasonable and relevant to the formulation of a recommendation to the adjustment being considered. No application for review shall be deemed complete until all required information is provided.

1. Project Name: Wilderness Commons South

2. Project No. (from DRD):

3. Name of Owner: Wilderness Commons Commercial Center, Inc.

Mailing Address: 4830 W. Kennedy Blvd., Suite 250

City Tampa State: FL Zip Code: 33609

Telephone Number: Home: 813-286-3800 Fax: 813-286-3820

E-Mail Address:

4. Name of Developer: Lindell Properties

Mailing Address: 4830 W. Kennedy Blvd., Suite 250

City: Tampa State: FL Zip Code: 33609

Telephone Number: Home: 813-286-3800 Fax: 813-286-3820

E-Mail Address:

5. Name of Agent, if applicable J. Ben Harrill

Mailing Address: 2550 Permit Place

City: New Port Richey State: FL Zip Code: 34655

E-Mail Address: Ben@,fhlaw.net (Attach completed Agent of Record)

Locational Description: The property is located along U.S. 41 iust north of Wilderness Lakes Boulevard.

Parcel Identification Number:

Section 35 , Township 25 South, Range 18, East, Sub 0040 Block 00200, Lot No. 0010

Present Zoning District: MPUD

REASONS FOR REQUEST FOR VARIANCE:

Uaing a sopnrate application for each request, please answer the following. If additional space is needed, attach extra pages to the application.

1. State the specific section of the LDC for which the variance is requested: Section 306.10 of the Pasco County Land Development Code; or alternatively, Section 306.10F

2. Describe the variance requested: The Applicant seeks a variance from Section 306.10 of the Pasco Countv Land Development Code, which, if =anted. would allow the applicant to construct a retail center on a parcel of property located in the Wilderness Lakes MPUD development without record platting the parcel, as more specificallv described

3. Demonstrate compliance with one or more of the following:

a.. A strict application of the land development regulation creates an unreasonable or unfair non- economic hardship, or an inordinate burden that was not created by the variance applicant.

b. The specific application of the land development regulation conflicts with an important Goal, Objective, or Policy of the Comprehensive Plan, or with the intent and purpose of another recently adopted land development regulation that serves a greater public purpose.

c. The granting of the variance will provide a net economic benefit to the taxpayers of Pasco County and is not in conflict with important Goals, Objectives, and Policies of the Comprehensive Plan.

d. The granting of the variance is necessary to achieve an innovative site or building design that furthers the Goals, Objectives, and Policies of the Comprehensive Plan.

e. The intent and purpose of the land development regulation and related land development regulations and Comprehensive Plan provisions is met or exceeded through an improved or alternate technology or design.

f. The granting of the variance is necessary to protect the public health, safety or welfare.

g. The variance is necessary to comply with State or Federal law.

h. The variance satisfies variance criteria set forth in the specific County land development regulation that is the basis for the variance request.

4. All variance applications that affect site conditions shall be acc~mpanied~by site plans depicting the site conditions with the granting of the variance and without the granting of the variance. Conceputal site plans may be allowed if approved by the Division Engineer (DRD) or Development Director.

ADDITIONAL ITEMS REQUIRED FOR VARIANCE:

1. Two signed and sealed legal descriptions and sketches to be supplied at time of application.

2. Copy of Warranty Deed X

3. Copy of Last Year's Tax Bill X

4. Notarized Agent of Record Letter (if applicable) X

5. Is this Application the result of a Notice of Violation? No If so, please attach a copy of the notice.

6. Variance Fee: $800 (each variance request).

I certify that all the above statements and the statements contained in any papels or plans submitted herewith are true to the best of my knowledge and belief.

I consent to the entry in or upon the premises described in this application by any authorized official of the Pasco County Zoning/Code Compliance Division for the purpose of posting, maintaining, and removing such notices as may be required by law.

DATE:

APPLICANT'S SIGNATURE:

APPLICANT'S REPRESENTATIVE: $. &n Harrill

ADDRESS: 2550 Permit Place

CITY, STATE, ZIP CODE: New Port Richey, FL 34655

SUPPLEMENT EXHBIT A

The applicant seeks a variance from Section 306.10 of the Pasco County Land Development Code which, if granted, would allow the applicant to construct a retail shopping center and related outparcels on a parcel of property located in the Wilderness Lakes MPUD development without record platting the parcel.

The applicant is only proposing the construction of the shopping center and related outparcels on the subject site and there is no need or justification for an additional record plat as the Applicant is not proposing to divide the property further. Requiring the commercial project to record plat would require the project to seek additional variance and undergo additional, albeit unnecessary review thereby creating an unfair burden on the Applicant. In addition, the intent and safeguards of the Land Development Code can adequately be satisfied by the development review process for the commercial center which must be approved by the County.