Connection to US 98 is common and available
For the developer whose lot fronts US Highway 98, a curb cut (turnout) is available for the asking.
The access that allowed the creation of Lot 173-3 was always and only US Highway 98.
Lot 173-3 was created when old Lot 173 was divided. A precondition of that division was road access for all the sub-lots. Access for 173-3 (the northwest quadrant) became available when Highway 98 was widened and a remnant of old Lot 148 was attached, providing Lot 173-3 with 80 feet of frontage onto US Highway 98.
We have heard IBCI's representatives claim that access to Highway 98 is dangerous ("there's a steep curve"). But that argument has been put aside when photos and maps tell a different story. If anything, the divided highway with raised median helps protect cars coming out of each turnout, making it safer than turning onto Orange Street at Pompano, for example.
The owner also claimed that a turnout in this zone "would only be appropriate if our property were zoned commercial." But as we see, most of the arrows point to residential turnouts, especially on the south side and right next door.
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But there's more!
The most recent rationalization for avoiding access to Highway 98 is reference to the code that requires use of a "lower order" road when a lot abuts two access points. The Walton County Land Development Code 5.04.04(D) under Access Management: "Driveway access to detached single-family residential uses shall be from an adjacent public or private street." In the case of Lot 173-3 the only adjacent road is Highway 98. Orange Street is 300 feet away. Be careful not to conflate a right-of-way with an easement, of which there is none. The sleight of hand here is the hoped for "if we had ham, we could have ham and eggs, if we had eggs." But there is no other road nor easement adjacent to Lot 173-3. (See Defining Terms)
With full knowledge of the right-of-way that exists on and adjacent to Lot 173-3, the FDOT Permits Coordinator made clear: Lot 173-3 "doesn't have reasonable access except to SR 30(US 98)." The owner hasn't received a permit because he hasn't asked for one. If he were denied his own curb cut, the Kidd family has offered to move and share theirs, an offer he has refused.
