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HO DECISION (201)
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HO DECISION (201)
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Last modified
7/31/2012 9:03:23 PM
Creation date
10/30/2024 3:02:54 PM
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Fields
Template:
Land Use
Case_Number
02-021
Land Use Type
Partition
Tax_Lot_Number
084W24C 00902
Document_Type
Decision
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The parcel 1 easement will serve only one parcel, and MCSPO <br />VII6(b) access standards do not technically apply. Fire district <br />standards must still be met. No topography map is in the file, but <br />the subject property is in a geologic slide hazard area, and <br />slopes of 20% or more are assumed. Neighbors complain that the <br />existing undeveloped easement cannot be constructed to standards, <br />at least not without extensive cutting and filling, making slope <br />stability an issue. Appellants point to finding 4 in P 99-1 to <br />support their inadequate access contention: "A 30 foot wide <br />easement already exists, however, due to topographic limitations <br />it is unable to provide access." The supporting evidence for that <br />comment is not apparent from the P 99-1 file. <br /> <br />The MCSPO requires proof of access development to standard prior <br />to issuance of building permits, not upon partitioning approval. <br />Still, under MCCP rural development policy 9, a parcel cannot be <br />approved as a dwelling site unless it is determined that there is <br />adequate access to the parcel. An easement to parcel 1 exists. A <br />roadway within the easement that meets fire district standards <br />might be engineered, but there is no proof that engineering such <br />access is feasible. While final engineering designs are not <br />required, applicant must provide some proof that development <br />standards can be met. Applicant has not met the burden of proving <br />that there is adequate access to parcel 1. <br /> <br />Parcel 2 access. Access for parcel 2 is proposed over 84W24C 900 <br />and 84W24C 903, both in applicant's ownership. These lots are <br />large, and applicant can be flexible when designing access over <br />his own property. It is likely that grade, surface and other <br />r'equirements can be met for parcel 2, and the application can be <br />conditioned on meeting MCSPO and SSFD requirements. Only ~hree <br />other parcels will share the access easement. MCZO 110.800 will be <br />met. With conditions of approval requiring driveway permits and <br />compliance with DPW and fire district regulations, the access <br />portion of rural residential development policy 9 will be met for <br />parcel 2. <br /> <br />12. MCZO 128.040 contains the following requirements for dwellings <br /> near resource zones: <br /> <br />(a) <br /> <br />Any new dwelling in an AR zone shall be required to maintain <br />a special setback from any parcel in the EFU, SA, FT, or TC <br />zones when necessary to minimize potential conflicts with <br />farm or forest uses. A 100-foot setback is the usual standard <br />adjacent to farm use and 200 feet is the standard adjacent to <br />forest uses. <br /> <br />(b) <br /> <br />The owner of a proposed dwelling to be located within 500 <br />feet of the EFU, SA, FT, TC zones shall be required to concur <br />in the filing of the Declaratory Statement prescribed in the <br />respective resource zone. <br /> <br /> 02-21 - ORDER -15 <br />KOLOEN ~ <br /> <br /> <br />
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