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•Segall' Position It is the Segals' opinion that the reservation area should be treated like the county treats other easements (e.g. drainage and utility easements), and allow the reservation area to count toward meeting setback requirements. With respect to the subject property, the Segals' opinion is that the required 25' from yard setback should fall within the 35' wide reservation area and a building could be constructed right up to the reservation line. According to the Segals' appeal, their opinion is based primarily on the following: 1'olicY County policy currently treats many types of easements (e.g. drainage and utility) as creditable for meeting setback requirements. Therefore, it would be consistent to allow Murphy Deed Reservation area to count as setback area, since the reservation is a type of easement. 2. The LDRs. The LDRs state that setbacks are measured from lot lines, not easements. The proposed garage is set back 35' from the Segals' front lot line. Thus, the 25' minimum setback is satisfied as measured from the front lot line. The issued building permit. Issuance of the building permit indicated to the Segals that construction ofthe garage could proceed. The Segals relied upon that issuance to clear trees and prepare the site for construction. Now, construction is not allowed to occur. • Staffs Position It is staff s position that the county cannot support release of any remainingtodsting Murphy Deed Reservation area covering the Segals' property. All of the remaining reservation area is needed to satisfy the county's right-of-way needs for 43'4 Avenue. The Thoroughfare Plan and LDRs call for 100' of 43`d Avenue right-of-way. The reservation area on the Segals' property, added to dedicated 43'd Avenue right-of-way, yields only 85' of the 100' of needed right-of-way. Therefore, all remaining reservation area must be retained. Given these facts, there appears to be no dispute regarding the county's decision that it cannot support a release of any more reservation area. It is also staffs position that the remaimaglexisting Murphy Deed Reservation area covering the subject property should be treated as a road right-of-way and that required building setbacks, including the setback that applies to the proposed garage, should be measured from the reservation line. Staffs position is supported by the following: Past and == RLha Over the last few years, the county has sought to research, ider *, and assert its Murphy Deed Reservation rights. For site plan projects affected by Murphy Deed Reservation areas, such areas have been treated as rights-of-way, and setbacks have been applied and measured from the reservation line. When reviewing a reservation release request, the county'. s policy is to retain only reservation area needed to meet right-of-way standards. Thus, in making reservation release decisions the county equates reservation area with right-of-way area In addition, in April the county released previously dedicated right- of-way that overlapped a portion of the subject reservation area That action was taken because the dedication was considered redundant. The county's opinion was that the underlying reservation was the same as right-of-way. 2. The LDRs and safety. Although the LDRs do not specifically address the effects of Murphy Act Reservation areas on setbacks, staff s position is consistent with the LDRs. Under the LDRs, the mon area fits the definition for street right-of-way, and street right-of-way is defined as the beginning point for measuring front yard setbacks. Such setbacks ensure a standard separation between roadways and structures. Without adequate separation, structures looted close to road rights-of-way can "hide" vebicles from view of motorists on adjacent roadways. Garages and other structures built up to tight -of -way livres could hide vehicles that are exiting directly onto road rights-of-way. 3. The approved hAdingpe = plot Pian. Although the building permit plot plan submitted for the garage did not depict any 43' Avenue right-of-way nor any Murphy Deed Reservation area, the permit was approved with two conditions noted on the plot plan: a A 25' minimum setback from right-of-way is required. b. A formboard survey is required prior to construction. The first condition provided the appropriate setback requirement. The second condition required specific survey information as a final check for setback compliance prior to construction. SEPTEMBER 1, 1998 -73- BOOK 100 FAGS i T