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Ord 1434
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Ord 1434
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Last modified
9/1/2022 11:02:16 AM
Creation date
10/30/2024 4:10:15 PM
Metadata
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Template:
Land Use
Case_Number
21-001
Document_Date
5/13/2021
Land Use Type
Zone Change
Tax_Lot_Number
041W34D000600
Document_Type
Decision
Site_Address
17874 SHANK RD NE
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"(A) Consideration of parcel size and ownership patterns under subsection <br /> (6)(c) of this rule shall include an analysis of how the existing <br /> development pattern came about and whether findings against the <br /> goals were made at the time of partitioning or subdivision. Past land <br /> divisions made without application of the goals do not in themselves <br /> demonstrate irrevocable commitment of the exception area. Only if <br /> development (e.g., physical improvements such as roads and <br /> underground facilities) on the resulting parcels or other factors makes <br /> unsuitable their resource use or the resource use of nearby lands can <br /> the parcels be considered to be irrevocably committed. Resource and <br /> nonresource parcels created and uses approved pursuant to the <br /> applicable goals shall not be used to justify a committed exception. <br /> For example, the presence of several parcels created for nonfarm <br /> dwellings or an intensive commercial agricultural operation under the <br /> provisions of an exclusive farm use zone cannot be used to justify a <br /> committed exception for the subject parcels or land adjoining those <br /> parcels. <br /> "(B) Existing parcel sizes and contiguous ownerships shall be considered <br /> together in relation to the land's actual use. For example, several <br /> contiguous undeveloped parcels (including parcels separated only by a <br /> road or highway) under one ownership shall be considered as one <br /> farm or forest operation. The mere fact that small parcels exist does <br /> not in itself constitute irrevocable commitment. Small parcels in <br /> separate ownerships are more likely to be irrevocably committed if the <br /> parcels are developed, clustered in a large group or clustered around a <br /> road designed to serve these parcels. Small parcels in separate <br /> ownerships are not likely to be irrevocably committed if they stand <br /> alone amidst larger farm or forest operations, or are buffered from <br /> such operations; <br /> "(d) Neighborhood and regional characteristics; <br /> "(e) Natural or man-made features or other impediments separating the exception <br /> area from adjacent resource land. Such features or impediments include but <br /> are not limited to roads, watercourses, utility lines, easements, or rights-of- <br /> CP/ZC/PLA 21-001-RECOMMENDATION-9 <br /> WING PROPERTIES,LLC <br />
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