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  6.       
BOARD OF SUPERVISORS AGENDA-2019
Meeting Date: 05/15/2019  
Submitted For: Dan Cherry
Department: Public Works  

Action Requested
Public Works - Hearing to consider an appeal of a Roadway Development Impact Fee collected with a permit for a new dwelling on APN 500-32-141, Lot 2591, Cordes Lakes Unit 8. (District 2 - Supervisor Thurman) Denied by 3 to 2 vote. Supervisor Thurman and Supervisor Smith opposed.
Brief Explanation of Need
Per Ordinance 2014-1, Yavapai County Roadway Development Fee Ordinance, an applicant has a right to appeal a $3,400.00 roadway development impact fee to the Yavapai County Board of Supervisors via a public hearing.  A permit was issued by Yavapai County Development Services on February 2, 2012 to Raymond and Beverly Schmidt of Camp Verde for the demolition of a prior existing manufactured home on this site (Permit P12012000259). On March 7, 2019, a permit was issued by Yavapai County Development Services for the placement of a new 2019 manufactured home (Permit P120019000592). There is a period of 7 years, 1 month, 5 days between the issuance of these two permits.  A $3,400.00 impact fee was collected with the 2019 permit for the placement of a new manufactured home on APN 500-32-141, Lot 2591, Cordes Lakes Unit 8.

Ordinance 2014-1 allows for the roadway development fee to not be applied to a replacement structure, if the construction of the replacement structure is commenced within 36 months of the destruction or removal of a dwelling unit on the site on which the replacement unit is being constructed. In this case, the issuance of the replacement permit came over four (4) years beyond the time limitation that would have allowed the development to be exempt from the fee.

Thus, it is the recommendation of Yavapai County Public Works that the appeal be denied by the Yavapai County Board of Supervisors.
Presenter
Roger McCormick, Assistant Public Works Director
Source of Revenue
N/A
Have Notice/Publication Requirements Been Met
Yes
Contract or Agreement
Legal Approval Notes

Fiscal Impact
Total Cost: N/A
Source of Revenue: N/A
Name of Account to be Paid From: N/A
Number of Account to be Paid From: N/A
Was this item budgeted for: N/A
Fiscal Impact:
Attachments
Location Map
Appeal application
DEMO Plot Plan 2012
New MH Plot Plan 2019
site photo 1
site photo 2

  
Legal Approval:    Yes- Legal Counsel has reviewed the attached agreement/contract and has found it to be in proper form

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