12/12/1977 Meeting - Laserfiche WebLink

Home Browse Search

e procedures, he said they were designed to protect property rights and the group was asking for recognition of existing covenants, and asking to recognize certain Fasano procedures which say the property owners should get notice if their property is affected. The group was asking the City to instruct the Planning Department to notify when the property was being affected. Peter Lorenz, in rebuttal, asked two questions of Council: 1) When were these streets created, noting if they were created in 1974, he asked why he was only made aware of that fact in 1977? 2) If they were not created in 1974, Clark did so by minor parti- tion. He said this was not according to City procedures and it should have been a major partition. He noted the matter of streets was an important point in the appeal. Public hearing was closed, there being no further testimony presented. Mr. Haws questioned exactly what was the status of the streets and if Council approved this partition what difference it would make in the street system. Mr. Saul replied the criteria under which any division of land must be evaluated stipulates that one of the factors that has to be evaluated is whether or not the precise property impedes future access to any other abutting property. This particular area is characterized by large parcels of land with a large bulk along Dillard Road of over an acre in size. The e first land division in the area occurred in 1975, which was the Zdroy partition. He said it was common practice on the part of the Planning Department, when a land division is submitted, to look at the overall area and what access pattern is necessary. In this instance, the staff reviewed the plan, seeing the parcels were large enough and it was apparent that, being in the City and granted City policies, that future division was going to occur in this area. Therefore, a general street pattern was developed to provide access to the properties. On this basis dedication was required of Zdroy. He said on the map the dashed lines do not represent dedicated streets. He said the street pattern was a general configuration which would be used to try to work out access as development occurred. Zdroy and Clark would be dedicated streets at this time. In regard to the difference if the partition were approved or denied, the Planning Department, Planning Commission, or City Council ultimately will have to face the access problem as future division of land occurs in this area. Mr. Haws wondered if the applicant requested a panhandle lot, how many lots would be included. Mr. Saul said it would be possible to stack up panhandle lots off of Barber Drive. That would be a much less desirable mode of access to this property, and would also confound the division of the rest of the property in the area. Ms. Smith questioned whether the street pattern was originally set up e in 1974 and whether or not some type of street system would still be needed. She also wondered if the original design in 1974 had included notification given to property owners. Mr. Saul replied yes, the gOb 12/12/77 - 7