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1/9/1980
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1/9/1980
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7/23/2015 11:48:51 AM
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
01/09/1980
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JAN 91980 Boa 42 FACE 498 <br />Page -2- <br />The department is concerned about the piecemeal type of resubdivision which <br />this proposal is an example. In this case, further resubdivision could be <br />requested at a later time for any of the remaining undeveloped lots. The <br />logistics of such a proposal would place an unneeded burden on the County to <br />assure consistency and the proper provision of roads and drainage. It should <br />also be noted that Lot 9 is already developed as a single entity and several <br />others, Lots 3, 4, 8, and 10 have been approved for similar development, so <br />that resubdivision of the remaining lots would compound inconsistency. The <br />original subdivision was approved on the basis of certain lot configuration <br />with regard to roads, drainage, traffic access, density, etc. Any changes <br />begin to infringe upon the unity of the approved design and it becomes more <br />relevant to consider a replatting of the parcel as a whole if more than a few <br />simple line changes are contemplated. <br />The case in question here poses a problem not in the division of the lots but, <br />(1) in redesign or additional design for supporting facilities, i.e. roads, <br />drainage, etc., and (2) that granting such a request would set a precedent for <br />similar considerations on other parcels in the future. <br />The staff recommendations are as follows: <br />1) Deny this specific request because of: (A) the inconsistency created <br />with the remaining lots, particularly those already developed or <br />approved for construction, (B) the precedent for further piecemeal <br />requests.in this and other subdivisions, and (C) the need to consider <br />total needs for and effects on drainage, traffic, density, etc. <br />2) While there may be cases where resubdivision is workable, it is more <br />likely that a replatting is the more feasible alternative. Sub- <br />divisions are created, reviewed and approved as a unity and except <br />under_ special conditions should be treated as such once they are <br />approved. It is understood that the ordinance under which the present <br />case is being considered (Sec. 22-62 of 75-3, I.R.C. Codes) was created <br />over concern for arbitrary division of lots in subdivisions by individ- <br />uals. It is the opinion of the Planning Department that a situation <br />such as noted above should be avoided. Persons buying in a subdivision <br />normally do so because of the nature and location of the development, <br />and it is reasonable for them to expect the continuance of the approved <br />design. Changes should be considered and approved with great care. <br />DMR: jt 4�� <br />PLANNING DIRECTOR REVER SUMMED UP HIS MEMO, STATING THAT <br />IT IS THE STAFF S FEELING THAT THERE ARE OVERRIDING CONSIDERATIONS <br />ON THE COUNTY'S PART THAT WE COULD SET A PRECEDENT AND OPEN THE <br />DOOR FOR THIS TO HAPPEN IN OTHER SUBDIVISIONS, AND THEY, THEREFORE, <br />RECOMMEND GOING TO REPLATTING. <br />CHAIRMAN SIEBERT ASKED WHETHER WE ARE GOING TO WANT A <br />PUBLIC HEARING ON THIS REQUEST, NOTING THAT IF WE DO, NOTICES MUST <br />BE SENT OUT. <br />FRANK ZORC STATED THAT IF A PUBLIC HEARING IS REQUIRED, <br />THEY CAN ACCEPT THAT. HE CONTINUED THAT IN THIS INSTANCE ALL THE <br />
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