|
County's approval of Cardarelle plat ruled reasonable
By MONICA LUNDQUIST Cass County Correspondent WALKER -- Judge David Harrington ruled Aug. 24 in Cass County District Court the plat of Cardarelle in Woodrow Township is consistent with the Cass County land use ordinance and the county's preliminary plat approval was reasonable.
The plat has 11 offshore lots north of Cass County State Aid Highway 5 and three lots between CSAH 5 and Woman Lake. One of the shoreline lots is designed to serve as a water access for the 11 lots across the highway.
Harrington ruled "the controlled access lot approved as part of the preliminary plat of Cardarelle may properly serve the subdivision and is large enough to accommodate the 11 non-riparian lots."
To serve 11 lots, the ordinance would require the lot be 67,500 square feet and be 225 feet wide. Cardarelle's access lot had 67,513 square feet, is 225 feet wide and has 230 feet of shoreline.
Harrington also ruled the county's approval of a conditional use permit for the plat was reasonable and upheld it. The conditional use permit was to move more than 50 cubic yards of material to construct a road for the plat.
Joseph P. Farry challenged plat applicants Gordon M. and LeAnn E. Reher and Cass County in this court case. At issue was whether lots in the plat should be sized by Woman Lake standards (general development) or the more restrictive for Cardarelle Lake (natural environment).
All 11 lots on the north side of CSAH 5 meet the natural environment lake standards of 80,000 square feet. An exception was made for one lot, which is partially outside the shoreland district from either lake, to permit it to conform with the other offshore lots in the property at 80,000 square feet rather than having to be 2.5 acres.
The plat permits the three lots between CSAH 5 and Woman Lake to be sized at general development lake standards of 40,000 square feet. They are in a block of the subdivision, which abuts Woman Lake.
Harrington ruled the lot sizing for the plat where exceptions were made to the 80,000 square-foot standard were reasonable and not arbitrary or capricious.
Cass County Planning Commission approved the preliminary plat April 28, 2004.
|
Overcast, 61°
