COM 0748.000 2014-2016 - Laserfiche WebLink

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regional impact of the project with respect to roads, parks and recreation, fire, police, and solid waste disposal (Condition I). Pending approval from the County Council of the requested extension of time, Applicant is prepared to meet the above listed conditions of approval. III. NATURE OF THE REQUEST Condition C required the applicant to obtain final subdivision approval within five (5) years of the effective date of the ordinance, which would be by March 15, 2004. Condition K allowed for the Planning Director to grant an initial extension of time of five years for the performance of conditions, which was requested and approved bringing the completion deadline to March 15, 2009. Due to the sudden downturn in the economy at the time, Mr. Leong's heirs found that they were unable at that time to proceed with the requirements associated with obtaining final subdivision approval, however they are now fully able to do so. In his letter of July 15, 2015, the County Planning Director notes that the deadline for obtaining final subdivision approval has lapsed and, in order to complete the subdivision, a request would need to be submitted to the Planning Commission to receive additional time to comply with Conditions C of the Ordinance. In light of the above the Applicant is requesting an additional 5-years time extension, which we understand would be five (5) years from the date of the Council's approval of this request. IV. JUSTIFICATION FOR THE REQUEST As with the prior time extension request, the circumstances and criteria for granting a further time extension, as enumerated in Condition K of the Ordinance, would appear to be similarly applicable to this request. 1. The non performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, its successors or assigns, and that are not the result of their fault or negligence. Mr. Kenneth Leong had originally sought the change of zoning and a subdivision of the property so that he could transfer the resulting portions to his three daughters. Unfortunately Mr. Leong took ill and eventually passed away in 2009. The property remained in the Kenneth K. Leong Trust with the intent that the subdivision be completed so that the individual parcels could be transferred to his heirs. With the severe economic downturn at the time, however, the family was not in a financial position to complete the requirements for Final Subdivision Approval. The family could not have foreseen the untimely illness and death of Mr. Leong, nor the severe economic downturn and financial difficulties at the time, all of which were beyond their control and not the result of their fault or negligence.