Agenda - 05-02-1994-IX-I - Laserfiche WebLink

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6 least 150' from the reservoir. The septic system would have to be laid out and approved by Environmental Health in a location which encroached as little as possible into the setback. A variance would be recommended only to the extent of that encroachment. Once the location of the septic system was identified, the areas available for construction could be identified. If there were adequate area for construction outside of the 150' building setback, then a variance for the building setback would not be recommended. If there were not adequate area for construction outside of the 150 ' setback, then a variance would be recommended, but only to the extent of the encroachment necessary to allow development of the property. It is unlikely that a variance would be denied if the effect of that denial would be to prohibit any use of the property. Implementing regulations which would prohibit development of an existing lot for a public purpose (such as watershed protection) without compensation could raise the issue of a property taking. The only real issue involved in the amendment is the process by which development of the existing lots would be reviewed and approved. A variance requires that the applicant pay a $180 fee and that the Planning Staff prepare a report to present to the Board of Adjustment. The hearing before the Board of Adjustment must be advertised in a newspaper of local circulation. The minimum cost of advertising a single item for a Board of Adjustment meeting is about $250. The per- variance cost of advertising would decrease if more than one variance were being presented at the same meeting, and would increase with the number of lines in the advertisement. A notice must also be sent to each property owner within 500 ' of the property. In addition, a sign advertising the variance must be posted on the property. If the amendment is approved, the decision would be make at the staff level rather than by the Board of Adjustment. The information on which a decision would be made, and the criteria used to evaluate that information, would be the same, regardless of who makes the decision. Staff recommends a process which is more simple, and less costly to both the applicant and the County. 4. What are the implications of applying the proposed amendment to selected watersheds only? Staff anticipates that setback reductions will only occur on the lots surrounding Lake Orange. The development pattern around Cane Creek consist of much larger lot sizes. It is because of the number of small lots surrounding Lake Orange that the amendment has been proposed.