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MAR 2 0 1995 BOOK 00 F.q E 210 Director Keating believed it is important to point out that when the current Subivision Ordinance was approved, it eliminated a loophole in the old ordinance whereby someone essentially could create subdivisions by taking just one piece of property and dividing it in two indefinitely. One of Mr. Powell's lots was created prior to this ordinance coming into effect and subse- quently when the land was divided in two again, those two lots were legal. When he made another subdivision of his property, that's when it became a subdivision according to our new ordinance. Director Keating informed the Board of another instance where something similar occurred; staff never got to look at the property; consequently, there was only a 30' right- of-way rather than 801; the power company could not get their lines in; and there is a house there now with no power. Attorney Brandenburg wished to remind the Board that this particular individual was advised prior to the adoption of our Subdivision Ordinance that the procedure he was following was a legal procedure. As a result of that, Carter & Associates prepared the map or survey, and Mr. Powell began dividing off the parcels. The thing he was not advised of was that he had to put all the deeds of record prior to the adoption of the new ordinance. If he had done that, he would not fall within any of the provisions of our new ordinance and he would not be here today. Att. Brandenburg wished the Board to recognize that Mr. Powell is not deliberately trying to circumvent our regulations, but was trying to make legal use of a loophole that existed. Director Keating agreed with the Attorney, but also emphasized that Mr. Powell could not have recorded the survey itself because that would have consituted a subdivision under the old laws. Administrator Wright felt all this was reviewed at the last meeting, and Mr. Powell was just instructed to go through the process. 34