8_7_24 Planning Board Minutes - Laserfiche WebLink

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Approved 9.4.24 Charity Kirk: Clarifying Lamar's last question, the benefit of moving it is for future development 434 purposes and it's better that it's in one watershed versus the critical watershed. But this is 435 the correct boundary. 436 Lamar Proctor: That's right, from the surveying perspective, from a reality perspective and quite honestly, 437 the way that this works, they're entitled to that ridge line that was adopted by the county 438 commissioners and affirmed by the state, so this has more to do with helping staff not 439 have an inconsistency between the boundary line and an action that's already been taken. 440 Charity Kirk: But we can just change the line without surveying every single property along it. Okay. 441 Patrick Mallett: It unfortunately needs to be on a case-by-case basis as requested. We do provide some 442 relief to the property owner in the sense that this is more of our issue on the zoning 443 amendment of the overlay and it’s a staff-initiated zoning. We're not asking them to pay 444 for what boils down to a mapping need. 445 Lamar Proctor: And I interpret your response and your answer to mean that effectively you help property 446 owners in terms of not creating some weirdly inconsistent engineering requirements for an 447 arbitrary line that doesn't follow the realities of water flow and would create headaches in 448 terms of civil engineering of any development on that particular parcel. 449 Patrick Mallett: Yes. 450 Chris Johnston: When we have a new applicant that comes before us, do they also have the survey team 451 go out to check and see where the water line actually is. 452 Patrick Mallett: That’s what happened. Prior to the zoning or that train leaving the station . 453 Chris Johnston: So, any new development that comes before us is going to amend that little line. 454 Patrick Mallett: Record it as surveyors attesting that is the true ridge line. And then we notify the state and 455 then it goes to the county commissioners on an agenda so that they can re ceive that 456 information and accept it. 457 Chris Johnston Gotcha. So, the line will fix itself as time moves on. 458 Patrick Mallett: Yeah. You're going to see probably more of these. Not a huge amount, but I can say in 459 the years that I've been here, we've run across this, this is not uncommon to see a line 460 that's like, this clearly is an error. 461 Chris Johnston Okay. 462 Patrick Mallett: In years past the path to resolve that was fairly ambiguous and muddled. I think now the 463 state is pretty clear on what they want, what we legally need to do to fix these things, so I 464 think you'll see a few more of these. 465 Chris Johnston And then my follow-up question was, so this is by a surveyor who has sealed it which I 466 assume means that they have attested by their honor or whatever the case may be, in 467 what realm would we push back on something like that? At what point would we say, no, 468 we don't think this is right because this line looks goofy or whatever? And if there would 469 never be an opportunity or reason for us to push back, why would it come to us? 470 Patrick Mallett: Because we have an overlay boundary that needs to be amended. 471