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3.) The site is physically suitable for this type of <br /> development. <br /> 4 ) The site is physically suitable for the proposed <br /> density of the development. <br /> 5 ) The design of the subdivision or the type of improve- <br /> ments will not conflict with easements, acquired by <br /> the public at large, for access through or use of <br /> property within the proposed subdivision. <br /> Applicant submits that sufficient evidence was presented <br /> and heard by the Planning Commission to make these find- <br /> ings and, therefore, the denial of the application was <br /> arbitrary and capricious. <br /> Response: <br /> ° After considering all written and oral testimony, the <br /> Planning Commission determined that there was insuf- <br /> ficient evidence to affirmatively support the above. <br /> findings. <br /> 2. Basis of Appeal: <br /> It is applicant' s position that the existing parcels of <br /> the Record Junction Tract are legally recognizable lots <br /> for sale, lease and financing. <br /> Applicant submits that at issue should be only the <br /> concerns raised by the County staff regarding through <br /> circulation and access to the parcels. The proposed <br /> realignment adequately addressed County staff ' s concerns <br /> regarding through circulation and access to the parcels <br /> and should be approved. <br /> Response: <br /> ° The lots of Record Junction Tract may be legally, <br /> recognizable lots for sale, lease and financing. <br /> However, at present, they are not buildable lots as <br /> approved access on or to a public road has not been <br /> established. <br /> FISCAL IMPACT: <br /> None <br /> BOS LETTER PAGE 2 <br />