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Review the Blazing
Meadow Two Subdivision, a Replat of a Portion of Lot 3 of Block 1 of the
Blazing Meadow Subdivision. Les Mangus said this is part of a 20 acre
platted lot that was previously lot split, so the piece that was purchased by
Mr. Ogan was 10 acres gross including right-of-ways. Mr. Ogan intended to lot
split again but regulations forbid lot splitting twice, instead he is
required to replat the property. To divide the 10 acres down to 2 lots, it
would make the 2 pieces 4.5 and 4.6 acre net. Both City and County
regulations measure area in net area (right-of-ways are not included). Both
City and County regulations allow for minor modifications at the time of
platting. Les said neither the City nor County have any administrative
adjustment authority.
There is general discussion
about the original Blazing Meadows plat and 1999 lot split. Les said the lots
were cut down to the point for the county to approve it for the zone it was
in. Les referred to a letter from Clarance Daggett the Butler County Director
of Environment, and Darryl Lutz the Butler County Engineer, and Dave Yearout
the acting Butler County Planning Director, which all approve of the .5
modification.
Ron Roberts said he did not
understand the location of the requested lot split. Les said this is a
portion of Lot 3 of the Original Blazing Meadow. Les said the 11x17 is the
Final Plat from 1994. Les said that in 1999, there was a lot split of Lot 3 which is shown on legal size paper which cuts the property into 2 -10 acre size lots.
Les said a 10% change is the maximum amount that a variance would allow.
Clark Nelson asked David
Ogan why he is doing this. Mr. Ogan said their family is wanting to stair
step into a newer home. He said he plans to move the existing house beside
the tree line on Lot 1 Block 1 and bring the structure up to current building
codes. The family is planning to live in the remodeled home until the new
construction of a house on Lot 2 of Block 1, at which time they plan to sell
the other lot. David Ogan said he has spoken to 2 builders who said it is
possible to bring the existing home up to code.
Clark Nelson asked if there
is a pipeline that runs through the property. Les said it is an active line
of finished product from Farmland Industries.
Clark Nelson asked if this
property is within the city limits. Roger Cutsinger of Goedecke Engineering and
agent for David Ogan said this property is in the county.
Ron Roberts asked if anyone
has protested this application. Les said he has not received anything. David
Ogan said he has spoken with all adjoining property owners and they do not
have a problem with this application as long as the Ogan’s keep them
informed.
Clark Nelson said staff is
asking for a waiver of protest from this applicant to avoid problems if the
City of Andover annexes this property in the future. Les said this will be
something that is done for all new subdivisions within the planning area so
that when utilities are more feasibly available, they will not have to worry
about the 5 acre plots with a private well and private septic tank.
David Ogan asked about the
tax increase amount should the property be annexed into the city. Les said it
would be about 15%. Jeff Bridges said the difference between the township
mill levy and the city levy is about 17 mills and that the cost of the
infrastructure would be separate.
Roger Cutsinger asked if
there is a plan to annex this property. Les said there is no plan for
annexation in the near future. David Ogan asked about the recent annexation
of Flint Hills. Jeff Bridges said that was at the request of the owner. Les
said the Planning Commission needs to take a harder stance on the small lot
subdivisions.
David Ogan said he would
prefer using a city sewer system if it was available, but will use a private
system until it becomes available.
Les Mangus said the only
reason he has softened on his opinion of this plan is because the property is
adjacent to a reserve which is property that is set aside and cannot be built
on by covenant.
There was further
discussion about the irregular shape of these lots. David Ogan said there is
a dam on the northeast corner of this property. Les Mangus said the storm
water will run north and not in the direction of the proposed home site.
Jeff Bridges asked how much
acreage would be lost because of the lake. Roger Cutsinger said this is a 6
acre lake and that some of the surveyor’s pins are 40 feet out in the water.
Roger Cutsinger said the net acreage is figured using the corner lot pin and
includes some of the lake. Jeff said that it would be net + lake.
Charlotte Bass asked if
this property is in the flood plain. Roger Cutsinger said it is not on the
FEMA map and that the owner is not concerned about flooding of the house
because the water will run on the east side of the property and around the
pond and into the drainage easement.
There was discussion about
the spillway on Lot 1. Jan Cox asked if there is a mortgage holder on this
property. David Ogan said that he and his wife own the property.
Ron Roberts said he would
reluctantly approve this application.
Clark Nelson said he would
vote to approve this application with the understanding that the City will
have nothing to do with building permit approval as that is done through Butler County.
Les said this case must
next be heard by the Andover Planning Commission who approves the plat, then
by the County Commission to accept the dedication of right-of-ways.
Jan Cox said she thinks
there will be problems in the future if this plat is approved as presented.
Les Mangus said he
discussed this modification clause with Bickley Foster who said if this case
were taken to the county Board of Zoning Appeals, it would be approved. With
the 6 acre reserve, the lots are not crowded. Les said that had this owner
chosen to submit a plat for 5 acre lots 15 years ago it would have been
approved.
Charlotte Bass made a
motion to approve this final plat with the modification of signing a waiver
of protest with regards to future annexation. Clark Nelson seconded the
motion. Motion carried 3/1 with Jan Cox in opposition.
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