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• <br /> Page 2 of 2 . <br /> See below <br /> Original Message <br /> From: Dave Phillips [mailto:otcd @mhtc.net] <br /> Sent: Friday, October 10, 2008 4:40 AM <br /> To: Steinhauer, Charles <br /> Subject: Zoning question <br /> Hi Charlie, <br /> Hope all is well with you. I'm staying pretty busy with appraisal stuff—the financial world <br /> as it is today brings all kinds of reasons for appraisals—some not good. I have a questions <br /> for you on a new construction appraisal I am working on. <br /> The parcel is in the town of Primrose. There are 3 parcels: 0507-031-8165-5, 0507-031- <br /> 8080-7, and 0507-031-8325-1. There is an old trailer on 8080-7, and the owners are <br /> planning to remove the trailer and build a small home on it. I see that the zoning noted on <br /> Access Dane is A-1 Exclusive. I believe, based on the age of the trailer, this may be a <br /> parcel of record prior to the zoning changes. However, if I am interpreting the zoning <br /> correctly, it looks like this may be non-conforming. This brings up a few questions: <br /> 1. Am I interpreting this correctly? Yes. Sometimes the answer is as follows: This is a <br /> legal, non-conforming parcel. Current use is allowed, however, any changing event ( fire, <br /> wind destruction, or similar)would require the parcel and the use of the parcel to come into <br /> compliance with current codes and standards. <br /> 2. Is it non-conforming? Legal, non-conforming is simply a statement that makes reference <br /> to a parcel and use that was in existence prior to the adoption of the current ordinance <br /> code. <br /> 3. Will they be allowed to build on the parcel under current zoning? This is a yes - no. <br /> Most parcels can be build upon, with respect to today's code <br /> 4. If not, what would they have to rezone to? Depending upon the Town Land Use Plan, <br /> and in conjunction with the County plan, they would ask to rezone to a category that fits the <br /> use they intend for the property. <br /> 5. There appears to be a road ROW that runs between the parcels. The owner <br /> stated that it is the old Hwy 92 ROW. Is this true? Who owns this parcel? Ya, this <br /> is one of those 64K$questions. I believe the usual answer is that until the roadway is <br /> 'vacated' it still belongs to the public. So, once a public ROW, always a ROW. <br /> I have had questions about these lands in the past. I am trying to remember if the owner was in <br /> over the last several years asking about splits, or selling off some of this lands. Can't <br /> remember much more. <br /> Hope this helps. Let me know. <br /> Charlie <br /> Thanks for the help, Charlie. If you want, feel free to call me on my cell to discuss this- <br /> 225-8515. Thanks, Charlie. <br /> 10/13/2008 <br />