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12/17/1991
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12/17/1991
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7/23/2015 12:03:12 PM
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
12/17/1991
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CT <br />17 Ml <br />BOOK 85 r,{Ut <br />— 7C+ <br />4. Staff did not fail to evaluate the application with respect to <br />the comprehensive plan and LDRs of the county. It is the <br />application of the existing comprehensive plan standards that <br />is being appealed. <br />If the Board of County Commissioners agrees with the Planning and <br />Zoning Commission and staff, and finds that staff did not fail in <br />any of these four areas, then the appeal cannot be approved. <br />• Alternatives <br />In essence, there is one other alternative available to the <br />applicant. Mr. Schlitt could now or at some later date request to <br />amend the>_comprehensive plan or—he could even wait -toa see if the <br />comprehensive plan "evolves" over time and is eventually modified <br />to allow non-agricultural densities and parcel sizes on the subject <br />property. Given the fact that the stipulated settlement agreement <br />amendment was only recently adopted, changing the land use plan at <br />this time may not be feasible but may be feasible in the future. <br />The next comprehensive plan amefi—&ent filing "window"71s January, <br />1992. <br />•Summary <br />Although Mr. Schlitt's circumstances are unfortunate, he failed to <br />act upon development standards advantageous to him resulting from <br />the RS -1 zoning he obtained on May 11, 1990. Thirteen months <br />later, the standards changed for Mr. Schlitt and many similarly <br />situated owners of property affected by the comprehensive plan_ land <br />use amendments adopted by the Board of County Commissioners. Since <br />the AG -1 land use standards apply to the subject property and the <br />Proposed parcel split, it is staff's position that the <br />administrative decision on this issue must be upheld. Furthermore, <br />no equitable estoppel argument has been made that would compel or <br />allow the county not to apply the existing comprehensive plan <br />standards. The comprehensive plan standards and effective date <br />must continue to be applied and enforced uniformly. <br />RECOMMENDATION: <br />Staff recommends that the Board of County Commissioners: <br />1. affirm that it evaluated the subject appeal pursuant to the <br />four criteria cited in section 902.07(4) of the LDRs; and:: <br />2. find that staff did not fail to act appropriately in relation <br />to any of the four areas; and <br />3. deny the appeal of the Planning and Zoning Commission's action <br />to deny the appeal of staff's determination; and <br />4. uphold the determination of the Planning and Zoning Commission <br />and the staff that the AG -1 t5 acre minimum parcel size <br />standard be applied to the t5 acre subject property and the. <br />proposed parcel split. <br />28 <br />
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