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SUBV25-001 PC Decision
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SUBV25-001 PC Decision
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Last modified
11/20/2025 12:08:26 PM
Creation date
11/20/2025 12:08:40 PM
Metadata
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Land Use
Case_Number
25-001
Document_Date
11/20/2025
Land Use Type
Subdivision
Tax_Lot_Number
081W19C002900
Document_Type
Decision
Site_Address
TAX ACCT 563150
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5. A minimum of one observation well per 15 lots is required in each subdivision and at least one observation well is <br />required for each phase of a subdivision. Monitoring shall begin at the start of development of Phase 1 of an approved <br />subdivision. A report that includes an analysis of data collected to date shall be submitted to the county for peer review <br />prior to approval of the next phase of development. <br /> <br />This standard is not required as there are only 7 lots being developed. <br /> <br />6. Evidence of water level declines shall require preparation of a hydrogeology study prior to the release of the next <br />phase for development if the county determines that the available data suggests that groundwater supplies may not be <br />sufficient for additional development. <br /> <br />There are no phases for this development and as such this standard does not apply. <br /> <br />7. Access easements that allow county and OWRD personnel to measure water levels shall be recorded with deeds for <br />lots containing an observation well as a condition of approval of the subdivision. <br /> <br />This shall be a condition of approval. <br /> <br />Staff has considered MCC 17.181.140 and does not recommend any conditions from that section of code as the size <br />and nature of this development do not warrant it. <br /> <br /> 12. Variance: Standards for this section are found in MCC 17.122.020 and include: <br /> <br />1. There are unnecessary, unreasonable hardships or practical difficulties which can be relieved only by modifying the <br />literal requirements of this title; and <br /> <br />The applicants propose a variance to MCC 17.110.800 (Dwellings and all other buildings to be accessible to public street) <br />which limits the number of dwellings served by a private road to four (without frontage on a public right-of-way) unless <br />they were created prior to May 1st, 1977. The subject property has 60-feet of frontage on a public right-of-way. The <br />configuration of this parcel predates the current owner and constrains the way in which a road may be constructed off <br />Peter Road SE to access the proposed parcels Adherence to the four dwelling/parcel limitation would decrease the amount <br />of parcels that could be created within this 24.6-acre property that could be fully developed if not for the constrained <br />access. The applicant argues that the value of each of the lots will be approximately $250,000, that adherence to MCC <br />17.110.800 would present an opportunity cost of approximately $750,000, and that this estimated sum constitutes an <br />unreasonable financial hardship. The purpose of the acreage residential zone is to implement the rural residential <br />designation for exception lands which are intended as areas to provide housing for the segment of the population desiring <br />a rural homesite. The subject parcel could not be developed to its full potential within the AR-3 zoning without <br />modification to requirements of MCC 17.110.800. This is a practical difficulty which can be relieved by granting this <br />variance. The criterion is met. <br />2. There are unusual circumstances or conditions applying to the land, buildings, or use referred to in the application, <br />which circumstances or conditions do not apply generally to land, buildings, or uses in the same zone; however, <br />nonconforming land uses or structures in the vicinity or violations of land use regulations or standards on the subject <br />property shall not in themselves constitute such circumstances or conditions; and <br /> <br />The unusual circumstance that applies to the subject property is the way it has been configured. The parcel is a rectangular <br />24.6-acre parcel, with a small, curved portion extending from the northeast corner which terminates at the right -of-way for <br />Peter Road. The bulk of the property is separated from the right-of-way by other rural residential properties along Peter <br />Road. It is unusual for such a large AR parcel to have such little frontage on the right-of-way. The criterion is met. <br /> <br />3. The degree of variance from the standard is the minimum necessary to permit development of the property for the <br />proposed use; and <br /> <br />The property is in the AR-3 zone, where the minimum parcel size is 3-acres. The applicant proposes a subdivision to <br />create 7-parcels. The property could technically be partitioned into 8-parcels, but the southernmost area has particularly <br />wet soils which are being consolidated into a 5.99-acre parcel. The proposed degree of variance to allow for 2 additional <br />parcels and dwellings accessed off the proposed private road (without frontage on a public right -of-way) is the minimum <br />degree of variance required to permit the subdivision. The criterion is met. <br />
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