Planning Board - 080520 Agenda Packet

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Michael Harvey: What this amendment does is establish a key date as it relates to the enforcement of the reservoir 109 setback from the West Fork on the Eno. The amendment establishes the date for staff to ascertain what constitutes 110 an existing lot and existing development when enforcing the required structure and septic setbacks. The UDO 111 contains waiver provisions for an existing lot so that property owners who own a parcel established prior to the 112 development or designation of a reservoir site with respect to locating a structure and septic system. Unfortunately 113 this amendment will not address everyone’s issues along the Eno. For example we have a property owner who has 114 subdivided his lot several times from 1997 to today. His property will not qualify as an existing lot under this 115 provision. The County staff chose the proposed date that made sense as it relates to the enforcement of reservoir 116 setbacks. February 12, 1997 is the date the West Fork on the Eno reservoir was established as it relates to 117 identifying the point where the 150 ft. structure and 300 ft. septic setback are taken from. 118 119 I am asking the Board to approve the Statement of Consistency in Attachment 3 and recommend the adoption of the 120 revised Attachment 4, which establishes the key critical date with respect to what constitutes existing development 121 and an existing lot along the West Fork on the Eno of February 12, 1997. 122 123 Hunter Spitzer: Is there a way to amend the proposal to change the dates for what constitutes a legal lot and existing 124 development to a different date? I am concerned there may be some property owners who will not qualify with the 125 February 12, 1997 date and we will make more structures nonconforming. 126 127 Michael Harvey: I am not comfortable with that. The intent of the identified sections is to define what qualifies as 128 existing development and an existing lot as it relates to when a reservoir was established. From the date a reservoir 129 is established, people who subdivide their property are obligated to abide by applicable reservoir setbacks for 130 structures and septic systems. I will remind all parties there is nothing in this section preventing a property owner 131 from seeking a variance from the Board of Adjustment if they believe the strict interpretation of the UDO infringes on 132 their development or redevelopment of their property. 133 134 Hunter Spitzer: That only covers regulated subdivisions correct? 135 136 Michael Harvey: All property, created through the regulated, expedited, exempt subdivision processes, are required 137 to abide by the established setbacks when they develop their property. This is handled as part of the zoning 138 compliance permit process, which is separate from the subdivision process, and would include compliance with the 139 150 ft. setback for all structures and the 300 ft. setback for all septic systems from a reservoir. You are correct, 140 however, it is likely a property owner engaging in an exempt subdivision will not be aware of the potential impacts of 141 their action as it relates to complying with applicable reservoir setbacks. Unfortunately that is not something staff can 142 address. We can continue to advise property owners of the issue but cannot require they take the consequences 143 into account when deciding to proceed with an exempt subdivision. 144 145 Craig Benedict: Some of these issues hit home for property owners when the Town began clearing property to allow 146 for the raising of the reservoir. It became clearer to those property owners just where the edge of the reservoir was 147 going to be and that led to questions of us on anticipated impacts. 148 149 Patricia Roberts: Will these people have to purchase flood insurance? 150 151 Michael Harvey: There is nothing in the UDO mandating property owner purchase flood insurance. There is existing 152 special flood hazard area along the reservoir. It is typically up to the lending institution if flood insurance will be 153 required. Again I want to clarify this amendment package, in and of itself, does not create the need for flood 154 insurance. I will not bore you with my 20 minute presentation on why you should purchase flood insurance 155 regardless of your property’s location within a special flood hazard area. 156 157 Randy Marshal: The aerial photo still shows trees along the reservoir area. Has clearing begun? 158 159 Michael Harvey: Yes clearing has already occurred and is nearly completed. My last conversation with the Town on 160 this matter led me to believe the majority of clearing activities had already occurred but that additional work may be 161 necessary. I am of the opinion work on the dam is being finalized and there is still roadwork that has to be completed 162 7