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Agenda - 05-02-1994-IX-I
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Agenda - 05-02-1994-IX-I
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BOCC
Date
5/2/1994
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
IX-I
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Minutes - 19940502
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\Board of County Commissioners\Minutes - Approved\1990's\1994
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5 <br /> Five privately-owned lots less than ten acres in size have <br /> been identified adjacent to or within 300 feet of the <br /> reservoir. The smallest two of these lots (1.0 acres and 2 .0 <br /> acres) are already developed, so compliance with new setback <br /> regulations is not an issue. The remaining three lots (5.2, <br /> 5.9 and 7.0 acres) are not developed. The Planning Staff also <br /> identified three lots, each containing about 11 acres, where <br /> the shape of the lot could create difficulty in meeting <br /> setback requirements. <br /> Compared with minimum lot size requirement of the Zoning <br /> Ordinance, even the smallest of the undeveloped lots <br /> surrounding Cane Creek are relatively large. It is unlikely <br /> that any of the lots would qualify for a reduction in either <br /> the building or septic system setback due to the size of the <br /> lot (5.6 acres and above) . In order for a variance or <br /> administrative setback reduction to be approved, it would have <br /> to be shown that the lot could not be built on without <br /> encroaching into the setback area. Site constraints of that <br /> magnitude on large lots are not a common occurrence. <br /> 3. What effect will the proposed amendment have on water quality? <br /> The proposed amendment would have no effect on the amount of <br /> development which could occur, and no effect on the water <br /> quality that will result from development if the proposed <br /> amendment is not approved. The amendment addresses the PROCESS <br /> used in the approval of building permits on EXISTING lots <br /> which are not deep enough to accommodate setback requirements. <br /> 4. How will development potential be affected if the amendment is <br /> not approved? <br /> The proposed amendment would have no effect on development <br /> potential. It is assumed by staff that a variance would be <br /> granted by the Board of Adjustment if it were shown that an <br /> existing lot was rendered undevelopable by the application of <br /> septic and building setbacks adjacent to reservoirs. The same <br /> criteria which would be used by the Board of Adjustment would <br /> be used at the staff level if the proposed amendment is <br /> approved. <br /> The proposed amendment would provide administrative relief <br /> from setback requirements only to the extent necessary to <br /> allow the lot to be developed. (However, the setback for <br /> septic systems could not be reduced to less than 100 feet due <br /> to Environmental Health requirements. ) <br /> If the proposed amendment is not approved, then the only <br /> option available to the property owner would be to seek a <br /> variance from the Board of Adjustment if the septic system <br /> could not be located entirely outside of the 300 ' setback from <br /> the reservoir, and/or if the residence could not be located at <br />
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