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HO DECISION (202)
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HO DECISION (202)
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Last modified
10/8/2012 12:54:19 PM
Creation date
10/30/2024 3:02:59 PM
Metadata
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Template:
Land Use
Case_Number
02-022
Land Use Type
Partition
Tax_Lot_Number
084W24C 00903
Document_Type
Decision
Site_Address
6683 FERN FOREST LN
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The following documents were presented, marked and entered into <br />the record as exhibits: <br /> <br />Ex. la-b <br />Ex. 2a-c <br />Ex. 3 <br />Ex. 4 <br />Ex. 5 <br /> <br />Ex. 6 <br /> <br />Two photographs of easement site <br />Three photographs of logging road and easement site <br />Motion for extension of the open record period <br />Applicant's additional information statement and attachments <br />December 27, 2002 cover letter from Norman R. Hill, with <br />attached response to applicant's additional points and <br />authorities, and notice of decision for P 99-1 <br />Applicant's rebuttal <br /> <br /> No objections were raised as to jurisdiction, conflicts of <br />interest, or to evidence or testimony presented at the hearing. But, as <br />in P 02-21, appellants objected to notice, saying that subdivision <br />rather than partitioning criteria should have been provided in the <br />notice of public hearing. This argument also implicates jurisdictional <br />issues. <br /> <br /> The subject parcel and the parcel in P 02-21 are contiguous <br />properties in the same ownership. Appellants point to the definitions <br />of partition and subdivision in the MCSPO and MCZO, and argue that P <br />02-21 and P 02-22 are .not two partitions, but one subdivision. <br />Applicant contends that MCZO and MCSPO definitions conflict with state <br />partition and subdivision definitions, and that state law supersedes <br />local law. According to applicant, state law allows the proposed land <br />division to be processed as two partitioning applications, rather than <br />one subdivision application. <br /> <br /> If the partitioning proposals constitute a subdivision, different <br />application requirements, criteria and standards, not included in the <br />notice, would apply, and the notice would be defective. Also, the <br />hearings officer would have no jurisdiction to approve a partitioning <br />application if subdivision laws apply. <br /> <br /> Under MCZO 110.452, a partitioning is a division of a parcel of <br />land, whereby a roadway is created, into three or fewer parcels for the <br />purpose of transfer of ownership or building development, either <br />immediate or future when such parcel exists as a unit or contiguous <br />units under a single ownership as shown on the tax roll for the year <br />preceding the partitioning. <br /> <br /> Under MCZO 110.557, a subdivision is a division a parcel of land <br />into four or more parcels for the purpose of transfer of ownership or <br />building development, either immediate or future, when such a parcel <br />exists as a unit or contiguous unit under a single ownership as shown <br />on the tax roll for the year preceding the partitioning. <br /> <br /> Under MCSPO II26, partition land means to divide an area or tract <br />of land into two or three parcels within a calendar year when such area <br />or tract of land exists as a unit or contiguous units of land under <br />single ownership at the beginning of such year, or to adjust a lot line <br /> <br />P 02-22 - ORDER -2 <br />KOLOEN <br /> <br /> <br />
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