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TO: Board of County Commissioners FROM: Gary M. Brandenburg County Attorney DATE: March 29, 1983 FILE: SUBJECT: Orange Terrace Subdivision REFERENCES: Mr. Zorc has requested a clarification of the rights of owners of the lots in the Orange Terrace Subdivision to develop the property as originally anticipated when this subdivision was approved. 1. The original preliminary plat dated June 30,.1978, contained a notation that Lots 1-5, 7-12 contained a minimum of 25,480 square feet to accommodate 8 one -bedroom apartments to be served by septic tanks. 2. Minutes of the Technical Review Committee meeting of August 3, 1978, indicates that all County staff members were aware of the intention to place 8 one -bedroom units on most of the lots. 3. Tentative plat approval was granted by the County Commission on August 23, 1978. 4. Final plat approval was granted by the Board of County Commissioners on December 20, 1978. 5. Subsequently, the developer encountered problems with placing more than 4 units on a septic tank. When the site plans were submitted for review, they were approved for 8 units. The units were shown in two phases of 4 units each. Thereafter, zoning permits and building permits were issued on the first 4 -unit phase on some of the lots all with a notation that "Phase 2 will be approved after further revisions have been made providing water to this site." 6. The land in question has an R-2 zoning district category with an MD -2 Land Use Plan category. 7. Some of the lots have never received site plan approval and consequently construction has not commenced; however impact fees were paid for utility services. Some of the lots have received site plan approval in phases, the first phase being constructed with the second phase awaiting the availability of public services. Other lots have received site plan approval and the structures have been fully completed as shown on the site plan. 89 M .53 PA4 2-i6 , APR 6 1983