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Post by Admin on May 3, 2017 14:12:24 GMT -5
Attachment Deleted Subject area is bordered in orange which encompasses a Sm all piece of shoreline is owned by SLohA. Chap's KK report of 5/1/2017: My first question would be: how did this unexpected development develop? Those houses have been there for quite some time. Why has this suddenly and unexpectedly developed? If you want to see the aerial is a clearer fashion, you can go to: S-bag Lake PropertyClick on the top right legend with 4 squares to "Change Basemap" and then click on the latest 2014 aerial overlay. It appears to me that the easement was/is in the rear of the houses (like the grove border easement in S-bag) and I am wondering what motivated this sudden and unexpected development? Any guesses? Anybody have any guesses about this?
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Post by pestcontrol on May 3, 2017 19:09:07 GMT -5
Perfect position and just enough space for a---TOWER. Wow, how lucky we are that it will be across the lake and NOT at the Beach House.
Who did stab just pay off ?
And now SLohA will need to invest in a boat to service the Tower. Or they could just buy back the pontoon that M. e. l. sold to T Hayvn.
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Post by jimherbst on May 10, 2017 14:08:34 GMT -5
In the quote of Chap's report to the Board, he uses the term "easement". I wonder if he misspoke. From what I can see on the online assessor's map, this so-called easement appears to be an extension of the Mulberry Avenue right-of-way. There is a huge difference between an easement and a public right-of-way. By law, a right-of-way can only be "moved" through a complicated procedure. The existing right-of-way must be legally "vacated". All property owners within a specified distance (generally, one-half mile) of the existing public right-of-way must be notified in writing of the County's intent. The notice must also specify the date, time and place of the public hearing at which citizens can appear and comment on the proposed vacation. Then, in order to create a new right-of-way, the subdivision plat must be amended. That also requires a public hearing before the Plan Commission.
If this so-called easement was, in fact, originally platted as part of the Mulberry Avenue right-of-way and Polk County Planning Department staff simply changed the plat map without going through the formal process of a public hearing, I am of the opinion that they acted in violation of state law, and that the change to the plat map is invalid.
Moreover, I cannot understand how a building permit was ever issued to construct a house on a public right-of-way. Judging how the County handled the SLohA communication tower code violation, I suspect that the property owner may have constructed the house without a building permit and that, when the illegal construction was discovered, the County simply accommodated the property owner rather than demanding that the structure be removed.
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Post by Admin on May 10, 2017 16:07:59 GMT -5
jimherbstThanks for that distinction. Chap must have misspoke but I think there is more to this story. Who complained about what to the County and why? When something happens suddenly on the heels of the northerners leaving, then there is probably something happening. There was nothing mentioned in ANY Minutes that this was in the works and how it is favorable to us. This property is an orphan; we have had people offer to buy it before and refused buyers. I cannot understand why. You cannot really do anything with the property except assume the liability if anyone goes over there and is injured.
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