Subdivision Alteration

[FredK]

There is a proposal to build a new road (where one does not exist) across a single lot within my plat. The road will be a connector to connect two existing roads in two different plats. The new connector will affect the traffic flow in all lots within my plat as well as neighboring plats. The lot that wants to buld the new road is also going to redivide the lots into multiple lots. Is this new connector road simply part of a new subdivision or should it be called a subdivision alteration since it impacts so many lots and other plats?

What is the name of your state? WA

 

[HomeGuru]

There is a proposal to build a new road (where one does not exist) across a single lot within my plat. The road will be a connector to connect two existing roads in two different plats. The new connector will affect the traffic flow in all lots within my plat as well as neighboring plats. The lot that wants to buld the new road is also going to redivide the lots into multiple lots. Is this new connector road simply part of a new subdivision or should it be called a subdivision alteration since it impacts so many lots and other plats?

What is the name of your state? WA

**A: why are you asking us, we are not the local subdivision office. And how could a lot want to build a new road?

 

[cepe10]

There is a proposal to build a new road (where one does not exist) across a single lot within my plat. The road will be a connector to connect two existing roads in two different plats. The new connector will affect the traffic flow in all lots within my plat as well as neighboring plats. The lot that wants to buld the new road is also going to redivide the lots into multiple lots. Is this new connector road simply part of a new subdivision or should it be called a subdivision alteration since it impacts so many lots and other plats?

What is the name of your state? WA

Unless there is an existing ROW or easement across your lot a developer can't go through your lot. go into the planning offices and see what is recorded for your lot of record.

 

[FredK]

When is a subdivision alteration not an alteration

This turned out to be a complicated messy situation. The Washington state code says when you alter a lot within a subdivision you have altered the subdivision. Several cities and counties have added ordinance verbiage that specifically says when you "subdivide" a lot within an existing subdivision you are altering the subdivision. The city where I live in Washington is the only local government I know of in Washington that handles it differently. My city's position is that a subdivision of a lot within an existing subdivision is not a subdivision alteration and as such does not need to follow the related state code. Their defense to their interpretation is "we've always done it that way" and "it doesn't make sense to do it any other way".

Our local subdivision/planning office has been worthless in getting to the bottom of what is legally required.

The developer is attempting to build a road where an easement exists but no road has ever been constructed or ever been used for ingress or egress. The real issue is the City taking a position that nothing is being altered since all alterations occur on a single lot within the existing subdivision.

We are going to court to let the Judge determine this one.

 

[HomeGuru]

This turned out to be a complicated messy situation. The Washington state code says when you alter a lot within a subdivision you have altered the subdivision. Several cities and counties have added ordinance verbiage that specifically says when you "subdivide" a lot within an existing subdivision you are altering the subdivision. The city where I live in Washington is the only local government I know of in Washington that handles it differently. My city's position is that a subdivision of a lot within an existing subdivision is not a subdivision alteration and as such does not need to follow the related state code. Their defense to their interpretation is "we've always done it that way" and "it doesn't make sense to do it any other way".

Our local subdivision/planning office has been worthless in getting to the bottom of what is legally required.

The developer is attempting to build a road where an easement exists but no road has ever been constructed or ever been used for ingress or egress. The real issue is the City taking a position that nothing is being altered since all alterations occur on a single lot within the existing subdivision.

We are going to court to let the Judge determine this one.

**A: wow, 8/11/06 we heard from you. That was years ago.

 

[cepe10]

This turned out to be a complicated messy situation. The Washington state code says when you alter a lot within a subdivision you have altered the subdivision. Several cities and counties have added ordinance verbiage that specifically says when you "subdivide" a lot within an existing subdivision you are altering the subdivision. The city where I live in Washington is the only local government I know of in Washington that handles it differently. My city's position is that a subdivision of a lot within an existing subdivision is not a subdivision alteration and as such does not need to follow the related state code. Their defense to their interpretation is "we've always done it that way" and "it doesn't make sense to do it any other way".

Our local subdivision/planning office has been worthless in getting to the bottom of what is legally required.

The developer is attempting to build a road where an easement exists but no road has ever been constructed or ever been used for ingress or egress. The real issue is the City taking a position that nothing is being altered since all alterations occur on a single lot within the existing subdivision.

We are going to court to let the Judge determine this one.

Easement for what??? utlities? Dedicated Right Of Way would be required for a roadway to serve multiple fee simple lots, it does not sound like there is room for this here and to meet setbacks unless that is a large lot...

You are finding that some planning commissions follow the rules to serve the public interest until it is in a developer best interest to do otherwise... sad but true.

I'd think this should be a major subdivision and go through the entire process...

 

[FredK]

Equal Protection for Developers???

You said "planning commissions follow the rules to serve the public interest until it is in a developer best interest to do otherwise". That is certainly the case in the city where I live. If I can prove it in court, isn't this a violation of the fourteenth admendment?

BTW, the easement is a road and utility easement on a 1.3 acre lot.