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Ir <br />booK W-1 F-nE'x 12 <br />On January 14, 1981 the Board of County Commissioners approved a <br />preliminary plat of Colonial Heights Subdivision with certain conditions. Among <br />them was that Lots 14-20 abutting Colonial Terrace were to be built as single- <br />family residential - one unit per lot The final plat for Colonial Heights was <br />approved by the County Commission on July 15, 1981 with a note included in <br />the dedication that Lots 14-20 are restricted to one single-family unit per lot. <br />A site plan application has been submitted which proposes triplexes on the lots. <br />Because the restriction of Lots 14-20 to single-family was a condition of the <br />development approval, the Community Development Department cannot process <br />the application unless that condition of approval is lifted. <br />All owners of property within the Colonial Heights Subdivision have recorded <br />revocations of the restriction in the Dedication limiting Lots 14-20 to single-family <br />units. As a result, the private deed restriction no longer exists. However, the <br />limitation to single-family use of Lots 14-20 as a development condition still <br />applies. (If the 1981 Commission had desired to restrict the use of Lots 14-20 to <br />single-family, it would have been more appropriate to initiate a rezoning of those <br />lots to a single-family district. Possibly to avoid time delays involved in the <br />rezoning process, the developer agreed to the restrictive language on the plat as <br />a condition of approvals The property is currently zoned RM -6. <br />The rationale for removing the development condition restricting Lots 14-20 to <br />one single-family unit per lot is set out in the attached letter from Bruce Barkett <br />dated July 27, 1998 on behalf of the property owners of Lots 14-20. (Exhibits A <br />through D referenced in Mr. Barkett's letter are available for review in my office.) <br />Residents of Colonial Terrace, the subdivision immediately west of Lots 14-20 <br />are opposed to any change in development conditions which would allow Lots <br />14-20 to be developed as other than single-family homes. The other lots at <br />Colonial Heights are developed as multi familiy. <br />RECOMMENDATION: <br />Approve the attached resolution removing the development condition which <br />restricts Lots 14-20 of Colonial Heights Subdivision to single-family use. <br />WGC/nhm <br />Attachments <br />cc: Bruce Barkett, Esq. <br />Louis B. Vocelle, Esq. <br />November 24, 1998 <br />