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HomeMy WebLinkAbout10-08 Comments (2)Use, � esuicuon s m i%'�*v �i ii ur 3 Lot Subdivision 1 M# 34-A:-99 �u" (� / � �� F. 1 i 4 1 sots are for residential use only, no business o other non-residential usage pen�xxttcd. 2) Any outbuilding shall. be of same material andconstruction as the main structure, and no more than 2 buildings may be erected. Size of building is Limited to a 4 car garage, scoond story is permitted. If constructing a barn, it way to a maximurn. of. 36x36 feet. 3 No sign j advertising cofmy mature shall be erected on any lot, except for a residential `For Sale" sign_ 4) No more than 2 power boats, motor. -homes, campers, commercial biases, trailers of any kind, traetors or heavy trucks or vat in any combination, may be parked within the subdivision.. No more than. 2 commercial or business vebicles (personal use) may be parked on lot. Any unhoused vehicles must have currrent YA registration -anal inspection. After completion of dwelling, no heavy equ-piment or .industrial equipment allowed on lot - 5) Into ATV's , motorcycles, pocket bikes, mopeds, off road vehicles, or any motorized recreational vehicle of any size or make, or any.noise producing conveyance of any type is allowed to be operated on any lot or road in the subdivision. 6) No.fcring range or, hunt club permitted. i) All lots are required to observe any setback lies .and/or rear yard lines as showm on lat, inladdition to observing an o in, ne r s W No outdoor burning of trash. Tr must be of site, o ) g ash. disposed at county si , r a pick up service arranged for. No dumpsters allowed in subdivision. � 9) No kennels for any species of animal may be operated. No more than. 4 dogs may be kept at any time. No more than 4 cats may be kept at any tune_ 10) No pigs allowed. A maximum of 3 livestock permitted. No exotic animals permitted. A maximum of 6 chickens/roosters permitted.. I I) When walking or exercising pets outside owner's lot, pet owner is responsible for the, conduct of the animal and must remove all pet. waste. Pets .may not rim loose within the subdivision, and roust be kept securely on owner's lot - 12) All fencing shall be constructed of wood, composite lumber (trex), masonry, or iron,. leo chain ling or stockade fencing permitted_ .j a n• I]. L U OU I U: 4 0 61yl 1, e n l u Y y L I file:///C:/Docup[l.ex is°/o2Oand0/o2OSet IV o. U/ D Ueue`: r. J/ oar/.MYO`432... 1 ) in the event that a dwelling is destroyed, the owner of the dwelling, witWn 60 days ofsaid destruction,. shall ,clear away the remaining portion of the dwelling unit and maintain the lot in a neat and orderly condition. 14) Inthe event a dwelling unit is damaged, or has materi.aUY detcriorat4 the owner of the`um't shall immediately. repair the damage or deterioratiorj. IS) No lot shall be used or maintained as a dumping ground for refuse.. Trash,. garbage or .other waste shall be in sanitary containers and sermxted. o refte or may container forsame shah he placed or stored in front of any house, except on the date of Muse pick-up. 16) One story houses shall have :a minimum of 1800 square feet of living spacc. Two story houses shall have a nimum of 2200 squ feet ,of living space. Living space small. be computed using outside.Zoundatiou measures and shall be txclus v e of twports, garages and :basements. t )Afl ofthe covenants and restrictions herein shall be binding and remain in.. full foree and cffect for a period of teen years form the date of this instrument and shall ;be renicmmd automatically for additional successive ten }year periods_ lS}The inwi idation of any cine of&e covenants or restdcti;ons tuntained herein fir, judgment or Court Order shall in no wise affect any of iheothcr pro -rasions Which shall :mmaming fa for: and .effect the failure to =fOrCe allV ooveMnts Of re. g6ciions ;sh . not be deemed to be.a. ���=ex ofthe � t tv .do ;so therea�er :as to a default oceuning poor or subsequen thcre D. 1 of 1 6/12/2006 3;1.6 PM Jun, 13, 20063110:46MeviClentLiry 11~ 540-955-45817 IN C). of 0 JUN 12,2406 19.45 1301972389.8 To 'Whom It May Concern, The private subdivision road that rani through Lot 1 of TM if 34A-99 will be graveled At least m the hack boundary line of said IM by the closing rlatc of July 15, 2006. The nrw owner of last 1, of the subdivision'I'M # 34-A-99, Im my permission to ctmstruct tui outbuilding cin that lot, beforc this coasinwtian of Ihv dwcUmg. It is with the provision that the outbuilding will have a ll.Wadc added to mawh the house, when the hou34; is complcwd. Sincerely, Annette Arkfeld Bradford tii1C 12,1006 2 06 r. 4 u Page 1 In April of 2005, nay wife Annette Arkfeld- Bradford and her brothers came to an agreement enabling them to divide the family farm. This agreement was contingent upon my wife and I having to fully finance and construct a road through our property so that her brother Adam could reach his proposed home site. Adam would not agree to split the land until he had a signed document including a timeline, indicting that myself and Annette would meet with these condition, providing Adam with access to his future home even though Adam has his own road access to his property from Shady Creek rd. I opposed these conditions, but my wife Annette insisted that it was important to physically divide the farm. She also argued that this was Adam's dream home, and even though it presented great financial hardship for us, she wanted to help her brother achieve his dream. Shortly thereafter, the Gro -Green Landscape Company began construction on the subdivision road and we had 4 lots incorpor �tted, with Adams house site being the 5tc. As construction permits, county plans, and plats indicate, these were the only lots intended for this subdivision. Adam also suggested a long list of covenants for the subdivision, first of which was "lots are for residential use only, no business or non- residential usage permitted. Since his home sits upon his land, he was not required to sign the ['(1VPnaY1t 5 blµt hP gave 'Ub tlue ii np e asin t hat this house would be his home, so we did not think much of it at the time. In July 2008, Adam called informing us that he had sold a lot from his property and that the new owners would be using our subdivision road, as well as our 50 feet of land between their lot and the road for their driveway. This lot had previously existed adjacent to Adam's other road access, before he had the lot re-surveyed to be served by our private subdivision road. He stressed that he had made the new owners sign the subdivision covenants as well. The interior of Adam's home includes a large yoga exercise room complete with gang dressing rooms and multiple showers in which he planned to have "occasional yoga weekends" and seminars. It was not until we received the "notification of public hearing" conditional use permit letter on August 23rd that we had any idea that Adams dream home was now to be a motel / bed & breakfast, and not his home at all. In fact, he has not taken up residence there, and resides with his mother nearby even though his house was completed by June of this year. As creators of the subdivision, and owners of 3 remaining lots, we do not feel a commercial business is appropriate Vvithin this neighborhood, nor does it enhance the general character of the area. we also question Adam's manipulation of our subdivision to suit his own purposes: why does everyone who is served by our subdivision road, including the new owners of a lot on his property, have to abide by the set covenants, except for him? What, if any, investigation has been conducted assessing the impact of the existing second dwelling that is located near and possibly attached to the drain field that serves his newly constructed house? Since the conditional use permit application specifies 6 guests only, who can guarantee that the unoccupied master bedroom, the remaining dorm room in his basement, and the secondary dwelling on his property will not be used to house additional guests? Does the traffic impact study include the possibility of daily classes, and further traffic on our private subdivision road, and how can this be restricted? why should our private subdivision road be used for Adam's commercial purposes when he has his own alternate access though the other end of his property off Shady Creek Road? Our fundamental intent when creating this subdivision was to have a quiet secluded place where people could live and raise their families. This was the premise under which Mr. Johnson purchased his lot and the standard to which we planned to hold the entire subdivision. Allowing a commercial business to exist there, along with the increase in noise, traffic and people, does not enhance or maintain the beauty and peace currently found on Sister Chipmunk Lane. 1. What will be the duration of the permit? If house/motel is sold will permit transfer with sale? 2. Can the periodic renewal be decreased to 1 year duration? 3. What guarantees or bonds will be required? 4. Use of lot? 165-25. Lot requirements. Natracgraph B states, Number of dwellings on a lot. Except where specifically allowed by this chapter, no more than one dwelling shall be allowed on a lot. A separate entrance, together with separate equipment, including a sink, stove or other kitchen or sanitary facilities, shall be prima facie evidence that separate occupancy exists and that a separate dwelling exists 5. What proposals are there for the change of appearance of motel after ramps are installed for handicap accessibility? Will compliance with ADA (Americans with Disabilities Act) be required before opening of motel? If not what time limit until motel is compliant? 6. What adjustments will be made to decrease smoke from the outdoor wood burning furnace used to heat indoor climate and water? Also prevention of dust from increased traffic on gravel road? 7. What type of lighting is proposed for exterior of motel and what is proposed to keep said lighting from illuminating surrounding residences? 8. Why can't access to motel be from Mr, Arkfelds other right of way on Shady Creek road instead of using our residential road? 9. When will line parking lot be constructed, and what will it be comprised of? Will it be handicapped accessible? 10. What type, number of and location of signs proposed for motel? 11. Will there be any type of landscaping done to the property since none exists now? 12. What type of outdoor activities will be promoted with the motel? 13. How will the occupancy limit be monitored with the existence of a second dwelling on same lot? 14. How will the promotion of bike trails thru surrounding woodlands promote the preservation and protection of trees and woodlands? 15. If motel is used for yoga classes and seminars what limitations on class size and duration will there be? 16. What will be the hours of operation of motel? 17. What are the limitations of the motel use? Yoga classes and seminars? 18. What are the limitations of the use of the land? Bike trails? H0U"-:E # 1 P-.10THERS-) H i;�i U'= E # 2 1 DRAIN FIELD �w'L•. .fid: r' . n _ r. • �� • ..• - - 1 w � - �_. - .J r. + =✓ — '' a �. .nt` ._ � O Ow Af ., �• armOr _ .. �. ... 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