--- 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
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