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Thread: Subdivision exceptions

  1. #1
    Cyburbian dvdneal's avatar
    Jan 2009
    Remote command post at local bar

    Subdivision exceptions

    I've got a weird case I'm trying to find a way to let my subdivision code allow this. It's one of those - doesn't meet the legal requirements, but doesn't cause a problem - deals.

    Here's the property. The red line shows where they want to create a new lot. Normally we require 200' of road frontage - the road to the east. As you can see the 30 acre lot to the west was created long ago (1982) and there is a 3 acre lot with no frontage created back in 1982. Code update was 1992 FYI. The goal is to allow this since they have a nice easement to allow access and it changes nothing are far as affecting access/easements/the road/etc.

    My thought is to use a line from our code to allow it through the Planning Commission. We have subdivision exceptions which allow things like utility lots, agricultural lots (no building), etc. We've never used this that I can find and I can't find the original intent of the code so I thought I would get some other experts to look at it. Here are my two options:

    Exception for "To provide conveyance of or issuance of building permits on property where no public access is available, or may not be necessary." I'm going with access is not necessary because there is a long standing driveway.

    Exception for "To provide for splitting of property where the Planning Commission after formal hearing determines that the subdivision and rezoning of the property is inconsistent with the purpose of this regulation or where the rezoning and subdivision of the entire property undergoing a subdivision process is not appropriate." In this case I'm looking at no way of doing a rezone. It's AG now and I'm not changing that. Subdivision platting would be over kill for this lot and is not allowed in an AG zone. That and the normal lot split process would require a huge chunk of the pasture ground and add extra ground to the home lot that isn't necessary.

    I don't pretend to understand Brannigan's Law. I merely enforce it.

  2. #2
    Cyburbian Salmissra's avatar
    Aug 2004
    Central Texas
    Go with the first option. Include the easement document number (it is a recorded document right?) as part of the exception approval.
    "We do not need any other Tutankhamun's tomb with all its treasures. We need context. We need understanding. We need knowledge of historical events to tie them together. We don't know much. Of course we know a lot, but it is context that's missing, not treasures." - Werner Herzog, in Archaeology, March/April 2011

  3. #3
    I would use option one as well. It's an established easement.
    When did I go from Luke Skywalker to Obi-Wan Kenobi?

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