Developer appeals county engineer refusal of design exception for Cosme Road; dispute centers on safety, right‑of‑way and cost

Greystone at Lake Pretty LLC appealed a county engineering decision denying a design exception (administrative variance) for roadway improvements on Cosme Road. The developer seeks permission to proceed with a 13‑lot subdivision that, the applicant said, would not require full county TS‑7 roadway upgrades along the half‑mile of Cosme Road that leads to the site.

Attorney Mark Bentley, representing the appellant, told Land Use Hearing Officer Pamela Jo Hatley that the property is a longstanding wholesale nursery slated for conversion to 13 single‑family lots. Bentley said the project reduces large‑truck traffic and includes an emergency vehicle turnaround that the county’s reviewer had identified as desirable. “Our client's intent is to convert a longstanding commercial nursery to residential subdivision, consisting of 13 lots,” Bentley said.

The appeal turned on three administrative‑variance criteria the LDC applies (as explained by County Engineer Mike Williams): (1) an unreasonable burden on the applicant; (2) the variance would not be detrimental to public health, safety and welfare; and (3) without the variance, reasonable access cannot be provided. Bentley and the applicant’s traffic and civil engineer, James Catalano, argued Cosme Road’s existing narrow pavement (surveyed between about 17.1 and 19.1 feet) plus stabilized shoulders can safely accommodate the additional residential traffic (estimated around 170 ADT for the full development) and that TS‑7 improvements are physically impracticable within existing right‑of‑way without acquisition or public works costs the applicant says would be disproportionate.

Catalano testified it would be physically impossible to meet the TS‑7 standard on the existing right‑of‑way and noted the county previously produced a hybrid CIP typical section when attempting to design improvements for the corridor. He also said the project provides an emergency turnaround and removes heavy nursery trucks from the road.

County Engineer Mike Williams testified the Green Book (and county practice) calls for particular standards and that TS‑7 is not physically achievable without additional right‑of‑way acquisition; Williams said staff found the proposal did not meet the Green Book criteria and had safety concerns tied to lane width and fire‑rescue standards. Williams also said reasonable alternatives include constructing the improvement to county standards or reducing the number of lots; county staff previously signaled that a 10‑lot scenario would avoid the need for a design exception.

The hearing officer accepted additional evidence submitted by the appellant earlier in the day (CIP plans, recorded map of reservation and recent ITE trip generation data) and allowed the appellant to present expert testimony. The hearing closed after testimony from both sides; the officer said she would issue a written ruling and aimed to do so within the five‑business‑day deadline for appeals but cautioned she might need more time and would notify staff if so.