Agenda - 10-21-2008 - 6b - Laserfiche WebLink

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2 Section III-C-5 Appeal Procedures The decision of the Planning Department regarding a minor subdivision application may be appealed to the Board of County Commissioners. The Board of County Commissioners shall have final approval authority, and, where applicable, all Final Plats shall contain information and/or conditions approved by the Commissioners. The Board of County Commissioners in all such appeals shall make findings of fact in support of its decision. The subdivider shall be notified, in writing, of the Commissioner's decision. Therefore, pursuant to Section III-C-5 of the County's Subdivision Regulations, the Board is required to review and take action on the Yeargan minor subdivision application appeal. History: Ms. Chappell and her two brothers are the three heirs of the Yeargan Estate, which includes a 19.62± acres tract of land on Whitfield Road adjoining Duke Forest. Ms. Chappell's personal residence is west of, and adjacent to, the Yeargan Estate property. The lot upon which Ms. Chappell's personal residence is located adjoins the subject lot that Ms. Chappell would receive as her portion of the estate settlement on its eastern boundary (Refer to Attachments 1 and 5). During the past 10+ months, staff has had numerous conversations with parties interested in the Yeargan Estate including: Ms. Chappell, her spouse and her attorney; Ms. Chappell's two brothers and their attorney; Mr. Danny Jones and his attorney; Ms. Chappell's and Mr. Jones' surveyor; and an adjacent landowner. (See attachment 2, Timeline of Events). On December 21, 2007 after review of the subdivision application by the County's Development Advisory Committee ("DAC"), the Planning Department approved Ms. Chappell's minor subdivision application with the condition that a 40-foot joint driveway be created for the new lot and that the access be shared with her existing home site to the west (See "Option 1" below). A proposed four (4) lot subdivision is planned for the remainder 14.69-acre tract, and this subdivision would be allowed an access point for a private road. Ms. Chappell was notified by telephone and told that a formal letter with conditions would be prepared after the Christmas holidays; a revised letter of approval was sent on January 9, 2008. On January 25, 2008, Ms. Chappell requested that the Planning Department reconsider the requirement of the shared driveway. Ms. Chappell asked that the Planning Department and DAC take into consideration that an abandoned farm road exists on the portion of the property that she was to receive and, therefore, two access points should be allowed for her lots due to the longtime existence of the farm road. On February 7, 2008 the Planning Department and DAC again reviewed the case and again required that the entire subdivision access be restricted to one new entry point on Whitfield Road. The Planning staff and DAC reiterated that a second entry point for the 4-lot, 14.69-acre subdivision could be approved only if no additional access to Whitfield Road was created. In the Planning Department letter to the Applicant, dated February 11, 2008, staff offered the