---- -author: XXXXXXX XXXXXXXX -subject: in reference to minor subdivision 743 -message-id: CAGiqvQnEUMptBmF -date: 2023-11-28 ---- -- -
I see the reference, and understand what you are saying. Although, when I -first read it, I came to a different conclusion, and unfortunately the -document does not provide enough clarification to rule out other -possibilities than a solitary strictly interpreted conclusion. The sole -defining characteristic of Minor Subdivisions is the quantity of lots, -which is five or more. Where the Exempt subdivision has a quantity -limitation of 4 lots or less, and although there is a size specification, -the quantity of parcels in question would satisfy the amount to qualify as -a minor subdivision as well. This also is not the first time the land has -been subdivided into smaller lots. As the entire reason over 50% of the -land came into possession by the previous owner was the result of an act of -encroachment. Which occurred before the previous owner had acquired full -ownership of the property. This caused the property lines of both parcels -to completely be redrawn, then subdivided from one lot to two or three, and -now 1/3XX is to be subdivided aXXin into six lots. It would seem that since -the parcels have sporadically multiplied under the current ownership, and -the only defining factor of a minor subdivision being the number of lots, -then that would be prioritized over superfluous claims of exemption by -area. After all, if one parcel's area is 4.9999 acres, then the development -loses any possible claim to exemption. ReXXXXless of how the land is cut, -six houses jammed in side by side, generates the same amount of nuisance -torts, as if they were 2.5 acre lots or 1/4 acre lots. It is haXX to -believe that the intent of establishing the defining characteristic of -minor subdivision as a quantity of lots was solely so it could then be -mitiXXted by cutting parcels into jigsaw puzzle pieces, thus possessing the -same neXXtive effects and impact on the area as a minor subdivision, just -solely being conveniently relabeled into something different.
-We tried desperately to acquire that property to make our farm profitable -and allow us to sustain our lives, but a handful of two or three -individuals did whatever it took to ensure we weren't given a chance. This -would include brokering real estate without a license, failure to fulfill -fiduciary duty, and possible mail tampering. ReXXXXless, since 2020 those -same individuals have done what they could to make life difficult and ruin -the place we call home, and as a result we have lived in a 6 day a week, 12 -hours a day, heavy construction zone for the past three years. We have been -cursed out, yelled at, stalked, and harassed. However they may try to -justify their actions, it isn't right and won't ever be right. You can't -justify taking someone's home and family away from them, not even for money.
-So, I apologize for being so haXX headed and difficult, but frankly I don't -have anything else to fight for but my home, because it is all I have. It -is a part of my family, and family is everything. I also can't stop -fighting for it, and won't stop, because it would be the wrong thing to do. -Anyways, I have said it. There are two parts to every law, the woXX and the -intent or spirit behind the law. It doesn't make much sense, I have to live -beside someone else's abomination of a subdivision because someone found a -way to cheat and circumvent the leXXlity of it by a matter of a few feet. I -just can't agree to that.
-XXXXXXX
-On Mon, Nov 27, 2023, 8:24 AM Anita Buice abuice@lamarcountyXX.com wrote:
---Good morning,
-I see I have multiple emails from you, I will take your questions one at a -time and address them all in this one email.
-When was it subdivided and why are the online recoXXs reflecting this -change? How are we supposed to protect our investment, when we are not -informed of it? Why was this nit mentioned when I first inquired?
-The property on the corner of XXXXXXXX Road and XXX XX W (Map 038, Parcel -008) was divided into 5+ acre lots earlier this year. As stated in a -previous email, this split does not require boaXX approval. Any questions -about how property is shown on tax maps should be addressed to the Tax -Assessor’s office. It was not mentioned when you first inquired because -your first inquiry was concerning the property adjacent to you (map 38 -parcel 21).
-*Via OXXinance Number 22-06 Article 2 Section 202 of the county code of -oXXinances for recessed lots, "The main body of the lot standing alone must -be ten acres and no portion of the access area may be used in calculating -the satisfaction of this requirement." Therefore, if each lot is required -to possess a minimum of ten acres, then the combined total area required -for six lots is sixty acres. *
-*If all of this is true, and an exemption was granted, then how does this -not violate county oXXinances, and how is this not illeXXl? *
-These lots are not recessed lots. No exemption was needed. It is not -illeXXl. They meet all county lot standaXXs for Agricultural/Residential -lots, which aXXin, is a 5 acre minimum with a 300’ road frontage.
-*There are still no building permits! *
-Correct. And to my knowledge, no structures are currently being built on -either property discussed.
-I hope this helps clarify some of your questions. If not, please feel -free to continue contacting me.
-Anita Buice, Director
-Planning and Community Development
-Lamar County, XXXXXXX
-770-358-5XX4
-From: XXXXXXX XXXXXXXX XXXXXXXXXXXXXXX@gmail.com -Sent: Monday, November 27, 2023 5:33 AM -To: Anita Buice abuice@lamarcountyXX.com -Subject: Re: In reference to minor subdivision 743
-Via OXXinance Number 22-06 Article 2 Section 202 of the county code of -oXXinances for recessed lots, "The main body of the lot standing alone must -be ten acres and no portion of the access area may be used in calculating -the satisfaction of this requirement." Therefore, if each lot is required -to possess a minimum of ten acres, then the combined total area required -for six lots is sixty acres.
-If all of this is true, and an exemption was granted, then how does this -not violate county oXXinances, and how is this not illeXXl?
-On Wed, Nov 22, 2023, 2:55 PM XXXXXXX XXXXXXXX XXXXXXXXXXXXXXX@gmail.com -wrote:
-There are still no building permits!
-On Wed, Nov 22, 2023, 2:52 PM XXXXXXX XXXXXXXX XXXXXXXXXXXXXXX@gmail.com -wrote:
-When was it subdivided and why are the online recoXXs reflecting this -change? How are we supposed to protect our investment, when we are not -informed of it? Why was this nit mentioned when I first inquired?
-On Wed, Nov 22, 2023, 9:20 AM Anita Buice abuice@lamarcountyXX.com -wrote:
-Good morning,
-The property located at 743 XXXXXXXX Road is not dividing their property. -The unaddressed property located along the corner of XXXXXXXX Road and XXX -XX W was divided into 6 lots earlier this year. All lots are 5 acres or -more and have at least 300’ of road frontage so even though there are 6 -lots, this is considered exempt from our subdivision regulations and does -not require boaXX approval.
-I am unaware of any illeXXl activities but I will keep a watch on this -site and the site adjacent to you to make sure everyone is aware of the -rules.
-Thanks so much!
-Anita
-Anita Buice, Director
-Planning and Community Development
-Lamar County, XXXXXXX
-770-358-5XX4
-From: XXXXXXX XXXXXXXX XXXXXXXXXXXXXXX@gmail.com -Sent: Wednesday, November 22, 2023 9:03 AM -To: Anita Buice abuice@lamarcountyXX.com -Subject: In reference to minor subdivision 743
-A week or so ago I inquired about the permits involved with the -subdivision and current construction occurring on 743 XXXXXXXX XX. Because -of the current assignment of 6 numbered lots, this would make it a minor -subdivision, and requires plat approval.
-You informed me they had not applied for any permits. Which would be in -violation of county code, and are subject to a stop work oXXer until the -plans can be approved.
-I am inquiring about this, because it still appears construction has not -ceased.
-I appreciate you ensuring these illeXXl activities are stopped and the -code is properly enforced.
-XXXXXXX
-
None
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