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Planning Commission declines to reopen private-road approval for Richard’s Way, citing ordinance and missing approvals
Summary
The Commission concluded the applicant did not obtain required approvals before construction of "Richard's Way," was not grandfathered under the previous ordinance, and the Commission will not make an exception to the current ban on new private roads.
The Lake Isabella Planning Commission on July 14 declined to reconsider a request to recognize "Richard's Way" as a private road, concluding the applicant did not secure the required private-road agreement before constructing improvements and therefore was not grandfathered under the Village's ordinance that now prohibits new private roads.
Interim Village Manager Jessica Manley reviewed the application history and explained the applicant completed improvements before the private-road agreement had been approved or executed. Commissioners noted the ordinance banning new private roads had been adopted and that the applicant had not obtained the necessary approvals prior to construction, so grandfathering did not apply. Commissioner Simon asked that the matter be forwarded to the Village Attorney for legal review given correspondence alleging neighbors had attempted to block approvals, but the Commission ultimately reached consensus not to create an exception to the current policy.
Commissioners also discussed alternative development options, including whether the 5-acre parcel could be developed as a site condominium or be divided in compliance with current regulations. Commissioner Wickert said the property could possibly be developed without a private-road approval by using alternative subdivision approaches. The Commission's final position: it will not reconsider approval for a private road in this case.
