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DCPREZ-0000-07261
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DCPREZ-0000-07261
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Last modified
11/6/2015 3:53:40 PM
Creation date
11/6/2015 3:53:29 PM
Metadata
Fields
Template:
Rezone/CUP
Rezone/CUP - Type
Rezone
Petition Number
07261
Town
Berry Township
Section Numbers
6
AccelaLink
DCPREZ-0000-07261
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A strict interpretation of the current town plan language would seem to imply that the Seston's <br /> proposal exceeds the town's density policy; however, the town asserts that it has always treated <br /> such land divisions differently. The County Zoning and Natural Resources Committee did not <br /> address this issue when it approved Petition#7178, which created the second split on the farm. <br /> For their part, the Sestons claim they did not originally realize that the separation of 11.5 acres <br /> resulting from CSM 8813 would require the creation of a separate lot that might count against <br /> their total number of permitted lots. <br /> B. Conclusions <br /> There are essentially four options the committee should consider: <br /> 1. The ZNR could accept the Town's interpretation of its land use plan regarding separation <br /> of existing farm buildings from the remainder of the farm. This may set a precedent for similar <br /> cases that may come up in the near future. <br /> 2. The Town could seek to amend its land use plan to clarify its policy on the separation of <br /> farm buildings with regards to permitted lot density. This should probably be done in any case, <br /> but may take several months at the very least. <br /> 3. The Sestons could seek to reconfigure lot lines to provide a connection of at least 66 feet <br /> in width between the vacant 11.5 acre lot created by CSM 8954 and the balance of the farm. The <br /> 11.5 acres could then be rezoned to A-1(ex), potentially freeing up a split. The committee <br /> should consult with the County Plat Review Officer about the feasibility or advisability of this <br /> approach. The location of the lots and the presence of buildings already on the site may make <br /> this option impossible in any event. <br /> 4. If the petition is denied, the Sestons would have to sell the farm buildings and the <br /> farmland together as one unit. If the town plan is amended and adopted by the county in the <br /> interim, the Sestons could reapply to separate the farm buildings twelve months after the current <br /> petition was denied. <br /> 3 <br />
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