Laserfiche WebLink
Planning Commission closed the hearing and during deliberation discussed the concerns of the neighboring <br />property owner and questioned whether it had the authority to impose conditions to mitigate potential impacts. <br />The Commission directed staff to obtain an opinion from Marion County Legal Counsel on its authority to impose <br />conditions to accommodate the concerns of the neighbor. The Commission then continued deliberation to April <br />15, 2014. <br />At its meeting on April 15, 2014, staff provided the Commission with an opinion from Legal Counsel regarding <br />its authority for applying conditions. In summary, the opinion concludes that since the neighbor does not have an <br />established easement it would be inappropriate to assume there is a prescriptive right from her to use the subject <br />property. In addition, any condition must bear a nexus to the development and must be roughly proportional to <br />the impact caused by the development. Since the right for the neighbor to use the subject property has not been <br />established, there is no nexus to the proposed development. A motion was made and seconded to grant <br />conceptual and detailed approval of the subdivision, subject to the nine conditions contained in the staff along <br />with a tenth condition requiring the property to rezoned to RS (Single Family Residential) when the plat is <br />recorded. The motion passed unanimously. <br />SIGNED AND FINALIZED THIS 17TH day of APRIL, 2014 <br />By IZ4 d k" <br />Warren Jackson <br />Planning Commission Secretary <br />