§ 366. Administrative Adjustments.

366.1.   Types of Administrative Adjustments.

A.

Errors in Yard Measurements. The Department Director is authorized to approve a deviation to a yard requirement if it is determined that there was an error in the location of an existing building or structure relative to the minimum yard requirements, provided that:

1.

The requested adjustment shall not exceed ten (10) percent of the required yard or one (1) foot, whichever is less; and

2.

The error was unintentional and unforeseen.

B.

Front Yard Setbacks Consistent with Established Neighborhoods. The Department Director may approve an adjustment to the front yard setback to allow a setback that meets or exceeds the average setback of the existing homes on the same side of the street, provided that:

1.

The use is either:

a.

A new single-family or duplex dwelling within an established neighborhood.

b.

An expansion of existing, non-elevated single-family or duplex dwellings in the Cortez Fishing Village HA Overlay District.

2.

The approved front yard setback is not less than twenty (20) feet, or fifteen (15) feet if located within the Cortez Fishing Village HA Overlay District; and the adjustment is less than ten (10) feet.

3.

The average front yard setback of existing homes shall be calculated based on the front yard setbacks of existing homes on the same side of the street for a distance of either four (4) homes on either side of the lot in question or the length of the block, whichever is less.

C.

Errors of Structure Encroachments into County Easements or Rights-of-Way. If it is discovered that an error has been made in the location of a building or structure, including a swimming pool, fence, wall, or similar structure, such that the structure is partially located within a County easement or right-of-way, the property owner or authorized agent, may apply for an administrative adjustment to allow the structure to remain within the easement or right-of-way provided that:

1.

The adjustment is limited to five (5) feet or fifty (50) percent of the width of the easement, whichever is less;

2.

The structure does not obstruct, impede, or unreasonably interfere with the intended use of the right-of-way or easement; and

3.

The error was unintentional and unforeseen.

(Ord. No. 16-24 , § 3(Exh. A-3), 11-15-16)

366.2.   Review and Approval of Administrative Adjustments.

Requests for administrative adjustments shall meet the criteria listed above. If the adjustment is denied, the applicant shall comply with the code requirements or cure the encroachments, or apply for a variance pursuant to Section 366.

Property owners with errors of encroachment shall file an application for vacation of the easement or right-of-way in accordance with the standards for such applications, which shall include a release of Manatee County for any claims or damages that may result from such encroachment. After review by the appropriate agencies, the County may approve an Administrative Adjustment if the standards above are met.

366.3.   Effect of Approval.

The granting of an administrative adjustment authorizes the applicant to proceed with any additional applications for development approval, certificates of occupancy, and other permits which the County may require for any proposed development of the property, or to continue and use or encroachment permitted by such adjustment.