Contested subdivision gets reluctant approval

by Beecher Threatt

Two county commissioners approved a limited planned unit development on County Road 24 on Tuesday. They expressed reservations but noted the land use code allows the subdivision and they had no legal reason to deny it.
Despite neighbors’ objections, subdivision of the Schupbach-Dally property off Shadow Lane near the intersection of CRs 24 and 24A went through, with conditions. The approximately 46 acres will become three lots, each of which may contain a primary dwelling unit.
The lots will be approximately 39, 5 and 1.4 acres, respectively. Applicants Schupbach and Dally already have a home on the 39 acre lot.
The zoning restriction of one primary dwelling unit per 13 acres is met because the density of the PUD overall is considered. The 46-acre PUD can accommodate three homes and meet the one per 13 requirement, even if two homes are on lots smaller than 13 acres.
Neighbors at last week’s portion of the public hearing and again at the continuation on Tuesday objected to the plan to create two new driveways on CR 24 to accommodate the two smaller lots. They also expressed concern about rockfall hazards to proposed homes.
Staff confirmed to commissioners Don Batchelder and Ben Tisdel that the land use code does not prohibit new driveways where they are proposed.
Applicants obtained an engineering report stating a berm would be a reasonable mitigation method for the potential rockfall hazard on the property.
Commissioners’ approval of the PUD requires a plat note stating any building permit application will require investigation of hazards and adequate mitigation. Staff cautioned against a suggestion by Tisdel that specific mitigation measures be required in a plat note.
Applicants Brian Schupbach and Michelle Dally have agreed to plat notes stating...

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