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Marion County has interpreted MCC 17.1 10.800 to allow a property that has frontage on a public street not to be considered to be "served" by the private drive. In this case, because Lot 2000 abuts a public street, Applicant argues that the private chive, Little Haven Lane, only serves the three dwellings that do not abut a public road. That is, the Application is not limited by MCC 17.1 10,800. Appellants and Opponents argue that the only "direct access" for the homes on Little Haven Lane (Tax Lots 2000, 2300, 2301, and 2302) is through Little Haven Lane. Appellants argue that the express language of MCC 17.110.800 prohibits a private drive from servicing more than four homes. Applicant and Planning's interpretation of the provision relies on the language ',having clirect access by abutling upon a public street or cz pre-existing private driveway. Planning's interpretation is not unreasonable if the frontage to the public street could provide direct access. However, the more reasonable interpretation of MCC 17.110,800 is that dwellings must be situated on a lot having direct access to the abutting public street that actually permits access or a pre-existing private driveway. (emphasis added) "file public street abutting the lot must be capable of providing direct access to the lot. This interpretation is consistent with Ms. Upright's experience with Planning in seeking to partition her property to add another dwelling. In this case, the only access to the dwelling on Tax Lot 2000 is exclusively Little Haven Lane. Although Tax Lot 2000 abuts Viewcrest, a public street, Tax Lot 2000 does not have "direct access" to the public street. Tax Lot 200 has never used Viewcrest for direct access and is exclusively served by a private drive, Little Haven Lane. Exhibit 5 is a Restated Roadway Access and Easement Agreement for Little Haven Lane. The parties to the agreement include Ms. Upright, the Vidras, the Raszkas, and the Harts, who resided at 3298 Little Haven Lane, the property now owned by Dan and Lois Gorrell. These are the parties who use the easement to access their properties and are responsible for maintenance of the easement/private drive/ Little Haven Lane. Little Haven Lane currently serves four homes and if another dwelling was established, the private drive would serve more than four dwellings which is prohibited by MCC 17.1 10.800 9. MCC 17,137.010 provides the SA purpose statement; The SA (special (-igrieullzav) zone is applied in areas characterized by snrall fcavn operations or areas with a mixture of good crud poor farm soils inhere the existing land use pattern is a mixture of large arid small fcuvn zutiis and some acreage Izon►esiles. The fare► open►lions range widely in Size and include grazing of iveslock, orcha►'ds, gl'oins and grasses, Cln'istntas trees and Sl)ecnally c►-olm The Paige in Size of memcige►ttem units present no Signlflcwa cog1flas mul allolt, oplimum resource prolhtclion fro►n areas with variable terrain and soils. It is, not cleeme(I piwelical or necessm y' to the conlimailion of the eonnte►-c►al clgr►cultural ente► j)rise that conliguous ownet-ships be consolidated into lcn-ge parcels suitable for large scale nemagement, Subdivision and planned developments, however, are not consistent with the pu )ose of'this zone and are prohibited This zone allows the flexibility in nonagement neeclecl to obtain maximum resow-ce production from these lands. It emphasizes,farm use but forest use is allowed and protectedftom cogfliets. The SA zone is intended to he applied in areas designated special agriculture in the jUarion Cown), Comprehensive Plon. CU 24-006 — ORDER Joy M. Blackman Revocable Living Trust Page 8