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2 <br />BACKGROUND: <br />The following existing regulations pertain to this case and were implemented by staff: <br />• Section IV-B-3-1 (Private Road Justification) <br />• Appendix A -Diagrams from Private Road Standards (See pages 9 and 10 of this <br />abstract) <br />• Staff is not interpreting old regulations or enforcing new regulations. They are <br />technically enforcing the existing code as written. <br />On July 20, 2000 the applicant submitted a Concept Plan for a minor subdivision. The <br />proposal showed a 7.359 (6.88 exclusive of right-of--way) acre tract being subdivided <br />into four (4) lots. Two (2) of the proposed lots were 1.5 acres, two (2) other lots were 2 <br />acres in area. On July 20, 2000,'the Concept Plan was denied because the proposal <br />did not meet the requirements for private road justification (e.g., the lots were not twice <br />the minimum required lot size/.92 acres-min., 1.84 acres =twice the minimum.). This <br />requirement had been discussed at Development Review on July 13, 2000 when a. <br />sketch plan was taken as a courtesy review. <br />The applicant's private road just cation was strengthened. The applicant believed that <br />averag® lot size was adequate, but without twice the required lot size. On August 3, <br />2000, the Concept Plan was taken back to Development Review. The Plan would not <br />be approved with less than double the minimum lot size. This decision was based on <br />the need for staff consistency in technical codes in the approval of minor and major <br />subdivisions served by private roads. <br />On August 9, 2000, a staff site inspection was performed. This inspection revealed that <br />the exisitng private road does not meet current Class B Private Road Standards. The <br />current proposal is not being required to meet any new private road standards. <br />The proposal will need to meet current private road standards. Attachments <br />regarding private road standards are included for the Board's information. <br />On August 10, 2000, the Concept Plan was again denied because the proposal did not <br />meet private road justification, and the applicant was informed that if he could meet the <br />private road justification, then he still needed to upgrade Govinda Drive to a Class B <br />private road. The applicant can achieve the 1.84 acre minimum lot size requirement if <br />the. number of lots is reduced from four (4) to three (3), or, if the applicant wants to <br />retain four (4) lots, then he can upgrade the private road to a public road. <br />Development Review Process -Minor Subdivision <br />1. Concept Plan -Optional. <br />2. Development Review Committee review. <br />3. Final Plat approval. <br />