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CU24-043 HO Decision
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CU24-043 HO Decision
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Last modified
4/29/2025 9:37:38 AM
Creation date
4/29/2025 9:37:51 AM
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Land Use
Case_Number
24-043
Document_Date
4/29/2025
Land Use Type
Conditional Use
Tax_Lot_Number
051W210000200
Document_Type
Decision
Site_Address
14950 Block of Union Rd NE
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Applicant's proposed location would site the dwelling and accessory structure near the north <br />and east property lines. Along most of the property line with the farm parcel to the north is a <br />woodlot that does not appear to be planted as part of a timber harvesting purpose. This provides <br />adequate buffering from the main farm dwelling and structures on the bordering northern <br />parcel. However, the woodlot does not extend the full distance of the northern property line. <br />The eastern 130 feet of the northern property line is a field and the full extent of the east <br />property line of the subject parcel is a commercial farm field planted in grass or grain. There <br />are other locations within the parcel that are farther away from neighboring farm parcels than <br />the proposed location. Placing non -farm dwellings and accessory structures closer than 100 feet <br />to neighboring farm fields impacts the farm operations through increased costs related to the <br />application of chemical sprays and fertilizer —which is standard practice for commercial <br />agriculture. <br />Applicant originally proposed dwelling setback 96 feet from the northern property line and 55 <br />feet from the eastern property line. Applicant originally proposed that the shop be placed 35 <br />feet from the eastern property line and 96 feet from the northern property line. <br />Applicant provided an updated proposal and has reoriented the buildings so that the shop is <br />located 96 feet from the northern property line and 100 feet from the eastern property line. <br />Applicant now proposes that the dwelling be located more than 200 feet from the northern <br />setback and approximately 100 feet from the eastern property line. Applicant's reconfiguration <br />reduces the need for the adjustment to the setbacks to four (4) feet for the encroachment of the <br />shop into the norther property line setback and to 100 feet for the dwelling from the eastern <br />property line. There is no restriction on the placement of the septic systems or drainage fields <br />within the setbacks, so the improvements will otherwise comply with the Code. <br />Applicant has cleared the Property of invasive species and cleaning up the derelict <br />outbuildings. In the event that Applicant is not able to develop the property with the <br />Improvements, this property does not have a viable use within the EFU zone. Applicant's <br />proposal, as revised, places the maximum amount of space between the Improvements and the <br />neighboring farm operations as is possible while also complying with the setbacks along the <br />western property line and the constraints on the development of the septic system on this <br />particular property. <br />Applicant's revised site places the least amount of impact on the adjacent farm operations <br />possible given the area needed for the development of a septic system, the slopes, location of <br />the creek and its associated setbacks, and neighboring land uses. The orientation of the <br />buildings will provide some additional buffering for the residential use on the property and the <br />Applicant is willing to install vegetative screening to the existing fencing to further buffer the <br />dwelling from the adjacent farm uses. <br />Applicant indicates a willingness to comply with the County's requirement to develop a <br />management plan for wildfire reduction, as a condition of approval. Because the subject <br />property will be the Applicant's home, Applicant is incentivized to take actions that mitigate <br />fire risk. <br />CU 24-043 — ORDER <br />MKI CONSTRUCTION, LLC <br />Page 13 <br />
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