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<br />ORDINANCE 08-1250 <br /> <br />AN ORDINANCE OF THE CITY OF CASSELBERRY, <br />FLORIDA, AMENDING ARTICLE VII, GENERAL <br />REGULATIONS, OF THE CITY'S UNIFIED LAND <br />DEVELOPMENT REGULATIONS TO ADD SECTION 2- <br />7.31, EMINENT DOMAIN WAIVERS EXCEPTIONS AND <br />. VARIANCES BY THE ADMINISTRATIVE OFFICIAL OR <br />DESIGNEE; REPEALING SECTION 68-30, CITY <br />RIGHT-OF-WAY ACQUISITIONS, TO ELIMINATE <br />REDUNDANCY; PROVIDING FOR SEVERABILITY, <br />CODIFICATION, CONFLICTS AND EFFECTIVE DATE. <br /> <br />WHEREAS, the City Commission of the City of Casselberry recognizes that when a <br />governmental or public agency is in the process of acquiring various properties for road <br />improvements it would assist said governmental or public agency and the City in the future <br />if the City adopted an ordinance to grant waivers, exceptions or variances from certain City <br />requirements for owners whose land is taken in the condemnation process; and <br /> <br />WHEREAS, the City Commission finds this ordinance to be in the best interests of <br />the citizens. <br /> <br />NOW, THEREFORE, BE IT ENACTED by the City Commission of the City of <br />Casselberry, Florida: <br /> <br />SECTION 1 Article VII of the Unified Land Development Regulations is hereby <br />amended to add Section 2-7.31, Eminent Domain Waivers, Exceptions and Variances is <br />hereby adopted as follows: <br /> <br />Section 2-7.31. Eminent Domain Waivers, Exceptions and Variances. <br /> <br />(A) Findings of Fact. <br /> <br />The City Commission hereby finds that the acquiring of private property by various <br />governmental or public agency entities, so authorized by law through the eminent domain <br />process, through trial, or negotiations prior thereto, is an extremely costly and burdensome <br />process. Allowing the appropriate City Administrative Official, pursuant to established <br />guidelines, procedures and criteria, to grant waivers and exceptions from certain City land <br />development codes or regulations, or to apply for variances on behalf of affected property <br />owners serves a valid public purpose and promotes the general safety and welfare of the <br />citizens and land owners of the City. <br /> <br />(B) Intent. <br /> <br />It is the intent of this article to establish fair procedures by which the appropriate City <br />staff can grant waivers and exceptions to City land development, sign and engineering <br />