January 11 2022 Proposed Agenda - Laserfiche WebLink

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Planning and Zoning Commission Minutes December 14, 2021 He said if we approve this, there are four things that we need to make sure that it meets. Mr. Charles Paxton, said can we sign off on it or wait until that has been worked out? Do we defer it until it is worked out, or do we preliminarily approve it? The Chair thinks we can make it a condition, if we approve it tonight, to be worked out with the existing staff conditions. Mr. Koch, County Attorney, said you can make it a condition, that they have to be able to show that they have some sort of legal right to that. As he understands it, that driveway has been there since 1993. Is that correct? The Chair believes that is the case, but the issue is, the current drive is probably just wide enough for a vehicle. He would say probably less than ten feet. Fire is requiring 20-foot gravel road with a gate and that is what is kicking it over the property lines, off where the prescribed easement is in those documents provided. Mr. Koch thinks the Board can make it a condition, that they have to have some sort of legal basis for having the new driveway as wide as it is. He does not think we have to necessarily get into the legal issues on that. If they show that they do have it, he thinks that is enough for this Board. He would make it a condition that they have to show it and it may be by prescription. That basically is a legal theory that says that you do have a right. It may not show up from documents, so he may be right about that, Mr. Koch does not know. Mr. Koch thinks that subdivision was developed by Sam family, if he is not mistaken. He said Mr. Davis is easy to find around here and is a lawyer here. It may be, that was the way it is supposed to be, he has no idea. As a County, we do not need to get involve in that kind of a legal issue if it is one. But he thinks they do need to present something to the Board as a condition that they have the right to have the driveway put in the way they need to have it for the Fire Marshal. Ms. Morris thinks what they are talking about is that it is encroaching onto properties other than what they own, with the expansion. She thinks the expectation was that it would be expanded onto their property. It is across the property line, so those people were not necessarily a part of the application. She asked the Chair if that is what he was asking. The Chair said that is correct. Mr. Koch said that is kind of what he is saying. They will have to be able to show that they have an easement from that neighboring property owner, or that they had some other right that came up when the lot was first developed, and the driveway was put in. 5