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Planning board approves two family-hardship lot splits in Districts 1 and 4
Summary
The Planning and Zoning Board approved two family-hardship parcel divisions allowing homeowners to create new lots for immediate family transfers: a 1.6-acre Barnwell Road property split into two ~0.8-acre lots (FH24-004), and a 10.4-acre Welch Road parcel split to create a 1-acre homestead parcel (FH25-001). Both passed unanimously.
The Nassau County Planning and Zoning Board on March 4 approved two family-hardship lot-split requests that will allow property owners to divide parcels and transfer the new lots to immediate family members.
FH24-004 (Perry family): Michael and Donna Perry's 1.6-acre parcel at 95373 Barnwell Road (District 1) was approved for a family-hardship division that will create two parcels of roughly 0.8 acres each. Staff said the property is accessed by an existing 30-foot shared access easement; both resulting lots meet minimum lot-size requirements for the Residential Single Family 1 zoning district (minimum 0.25 acres). The board found the submission met the county's family-hardship criteria, including signed hold-harmless agreements and an affidavit showing the new lot will be transferred to an immediate family member. The motion to approve passed 4-0.
FH25-001 (Edwards family): David and Susan Edwards's 10.4-acre parcel on Welch Road (District 4) was approved for a family-hardship development that will create a 1-acre parcel fronting Welch Road and retain a remaining 9.4-acre parcel. Staff said the parent tract was pasture and the new 1-acre lot will be transferred to the applicants' son for a homestead. The property is zoned Open Rural, which requires a 1-acre minimum; staff confirmed both lots meet applicable lot-size and access standards. The board approved the request by voice vote, 4-0.
Why it matters: Family-hardship divisions permit a one-time split of a parent tract without full subdivision improvements where state and local criteria are met. Approvals are conditioned on deed language, hold-harmless agreements, transfer to an immediate family member and recorded covenants that prevent further subdivision.
Key procedural and technical points - FH24-004 (Perry): Parcel size 1.6 acres; split into two lots ~0.8 acres each; access via 30-foot easement; required covenants and hold-harmless agreements provided. - FH25-001 (Edwards): Parcel size 10.4 acres; a 1.0-acre lot to be created fronting Welch Road, remainder ~9.4 acres; property zoned Open Rural (minimum 1 acre) and future land use Agriculture (max 1 dwelling unit per acre); required deed language and covenants submitted. - Staff cited Nassau County Code of Ordinances Chapter 29 (family hardship provisions), Land Development Code articles applicable to the respective zoning districts (Article 9 for RSF-1; Article 22 for Open Rural), and recommended approval of both applications.
Board action and votes - FH24-004 (Perry): Motion to approve by Board Member Morris; second by Board Member Henson. Voice vote: 4 ayes, 0 nays. Outcome: approved. - FH25-001 (Edwards): Motion to approve by Board Member Henson; second by Board Member Flick. Voice vote: 4 ayes, 0 nays. Outcome: approved.
Implementation notes: Approvals require recording of conveyance deeds with required family-hardship language, execution of hold-harmless indemnification agreements, and recorded covenants that limit the lots to family conveyance and prohibit further subdivision. Building permits will still be required for any future construction and must demonstrate compliance with site and access standards.
Speakers (selected): Adam Olson, Planner II (staff presenter); applicants Michael and Donna Perry (FH24-004) and David and Susan Edwards (FH25-001); Board Members Morris, Henson, Flick and Chair Blue.
Ending: Both family-hardship lot splits were approved by unanimous voice vote and will proceed with the deed and recording steps required before building permits may be issued.
