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r <br />MAY 2 4 1994 aoo� 92 PAGE 517 <br />Mr. Robert Keating <br />February 9, 1994 <br />Page Two <br />That ordinance, on its face, applies only to a resulting lot <br />which has a frontage on a dedicated public or private right-of- <br />way. Hedden Place is not such a road. <br />I also discussed Section 912.06(3)(C). with Stan. That <br />ordinance prohibits dividing property where a resulting lot has <br />frontage on a dedicated public or private right-of-way less than <br />60 contiguous feet or has no frontage. Again, access easements, <br />and easements -for ingress and egress are not considered .road <br />rights-of-way. That ordinance also does not apply, because the <br />code defines "frontage" as "lineal distance measured along abutting <br />public or private rights-of-way", and "right -of way" is defined to <br />include land used for a street, utility installations, access for <br />ingress or egress, or other purpose by the public or by certain <br />designated individuals, which would include the property owners on <br />Hedden Place. Therefore, 912.06(3)(C)'s prohibition against <br />creating a lot which has no "frontage" does not apply, because <br />frontage on Hedden Place is "frontage" under. your code's <br />definitions. <br />Therefore, I request the county's position on this matter. <br />I believe Mr. Van Vorst should convey one -half -of his property to <br />his sister. I should add that Stan looked it up, and the parcel ­ <br />has has not been split since 1983, therefore, the one-time split rule <br />would permit this. I also believe the ordinances do not prohibit <br />it. - <br />Very truly yours, <br />Bruce Barkett <br />BB:bh <br />cc: Pulliam G. Collins II, Esq. <br />Stan Boling <br />Robert Van Vorst <br />Community Development Director Bob Keating emphasized that we <br />tell people every day what they need in order to divide a lot, and <br />our position is that zero frontage on a road meets the "less than" <br />criterion-. When you go through the answers compiled by Planning <br />Director Stan Boling, which is the way the ordinance is actually <br />worded, and you have zero frontage on any of those types of lots, <br />then you don't meet the criterion to be able to split your property <br />and it is a prohibitive action. That is our position in this -case. <br />Attorney Barkett maintained if that was all true, the County <br />would not have had to pass the emergency ordinance. It is clearly <br />unclear. What it says is that they can split the lot unless they <br />have frontage on one of those roads and the frontage is less than <br />60 feet. <br />82 <br />