Laserfiche WebLink
Director Keating stated that he doesn't have to keep more than <br />an acre there; his principal option is to plat the road, and that <br />is what applies to everyone else in such circumstances. <br />Attorney Barkett pointed out everyone would have to join in <br />the platting of the road, but they like the road the way it is now, <br />especially if they are going to have to pave it and make it 60 feet <br />wide. Right now it is 30 feet wide and perfectly adequate. They <br />have a 40 -year track record of good performance and maintenance. <br />He pointed out that the only letters received in this matter were <br />from people in support of Mr. VanVorst's application. <br />Commissioner Bird emphasized that the Board is here today to <br />either uphold or disagree with staff's interpretation of the <br />ordinance. <br />Attorney Vitunac advised that it is his opinion that staff is <br />interpreting and applying the ordinance correctly and consistently <br />in this situation, especially for the reason given in the paragraph <br />marked with a star in staff's memo. Otherwise, to get around the <br />restriction on lot splits, a lot would be required to have no road <br />frontage at all, and that just doesn't make sense. <br />Attorney Barkett maintained that wasn't true because property <br />like that has not been able to split since 1983. <br />Commissioner Bird was sympathetic to what the applicant wants <br />to do, but he could not disagree with staff's interpretation of the <br />ordinance that they are applying in this situation. <br />MOTION WAS MADE by Commissioner Bird , SECONDED by <br />Commissioner Adams, that the Board deny the appeal. <br />Under discussion, Commissioner Adams still felt uncomfortable <br />that there wasn't a way to solve this today, but perhaps something <br />could be worked out in the LDRs where we could accept that type of <br />road. <br />Commissioner Bird agreed that if in reviewing the LDRs we find <br />that we could accept this type of situation, then we can amend the <br />LDRs and the applicant can come back and reapply. -It is possible <br />then that the applicant would be granted the ability to split his <br />property because we would determine that the type of road that they <br />have created there is acceptable. <br />That being the case, Commissioner Macht asked whether we could <br />carry over the fee that he is required to pay. (No response was <br />given to his question.) <br />Commissioner Bird anticipated that staff and others are going <br />to make a lot of arguments at that time and give reasons why we <br />should not find that type of road acceptable. <br />85 <br />MAY 241994 <br />BOOK, 92 PAcE530 <br />I <br />