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HomeMy WebLinkAbout3.0 Staff Report 09.20.1982• • PROJECT INFORMATION AND STAFF COMMENTS PROJECT NAME: Senate Bill 35 Exemption Request APPLICANT/OWNER: Donald and Janis McBee LOCATION: Approximately 3 miles north of New Castle on County Road 241. PURPOSE: To split a 35 acre tract into 2 parcels of 17 acres each. ZONING: A/R/RD QUALIFICATIONS: Owned 5+ years; split by creek and road ACCESS: 30 foot easement from County Road 241 SEWER: Individual septic WATER: Storage tank and .1 cfs from East Elk Creek (water bought from Robert and Naomi Mayo) (see previous history). COMPREHENSIVE PLAN: These properties lie partially within the designated floodplain and the New Castle Urban Area of Influence on the County Management Districts Plan map. PREVIOUS HISTORY: On September 7, 1982, the applicant initially came before the Board requesting this property split. However, at that time, the applicant could not provide evidence of an adequate water supply for each parcel requested. The Board tabled the matter until an adequate water supply for each parcel could be obtained. STAFF COMMENTS: 1. Since that time the applicant has bought .1 cfs of water from East Elk Creek. He now has a well permit for one parcel and the water rights and water storage proposed to serve the second parcel. 2. Although this request is for a two lot split, the natural features involved would actually create the potential of three new lots. (See theoretical drawing below). The applicant is requesting to subdivide the property along the creekline. This would create Parcel A, to the west of the creek; and Parcel B to the east of the creek. However, Parcel B potentially includes two tracts: Tract #1 which is east of the creek and west of the county road and Tract #2, east of the county road. Page 7 • • STAFF RECOMMENDATION: The Bt)ard should be aware of the potential of three lots being created, as noted above. For the two lots presently proposed by the McBees, staff recommends approval, with the following conditions to be met prior to the signing of the exemption resolutions; 1. The applicant shall include the well #125525 in the legal description and conveyance of the parcel on the west side of Elk Creek. 2. The applicant shall include the .1 cfs in the legal description and conveyance of the parcel on the east side of Elk Creek. 3. The legal descriptions for both parcels shall contain the description of the access easement. NOTE: A $200.00 school assessment fee has already been submitted to the Planning Department. 1 c�-a©-82, 1arr - ap u1ed c �� c�-Drj�- Gns ►-�c 4c_a bo Thr, - 5ecind Page 8