2005-04-01 TVURICH - Laserfiche WebLink

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SPRINGER:Director Yuen? YUEN:Well, its upto the Commission to decide whether the individual in questions interests are different enough from that of the general public to grant standing. The fact that a person may have some additional financial burden as a member of the, as the person that pays into a road maintenance fund is a factor that you could consider. You have to, also, but standing by itself, that would seem, in this particular case, to be a rather small factor, frankly. Because the additional amount that the Road Maintenance Corporation will have to pay for this, youre probably talking a few dollars a year at the most. I dont know what the total that they pay now is, but this would be a very slight increase. If it does increase or cause a burden on the roads, its shared among, you know, 9,000 owners. Its a very slight burden to an individual owner. IWASHITA:Iguessmyreadingoftherulesand,wouldbethateachclaimto standing, the five that are listed, stands on its own. So if theres an interest in, if it can be said that the undivided interest in the road equals, and in each owners deed has basically that undivided interest in the road now -. So if it can be said that by our proceeding were considering that interest as part of the application, then an owner in Paradise Park has standing just on that one separate status as owning an interest in the property, you know, collectively with the other 9,000 owners but they still own an interest in that. The th proprietary interest is the, that 1/9,000 Tenant-in-Common interest in the land, thats owned jointly by all those people, right? SPRINGER:That wouldmake them distinguishable from the rest of the public. IWASHITA:No, its different. Thats the first criteria. You can have standing by having a distinguishable, an interest distinguishable from the rest of the community; but a separate claim for standing is, I have an interest in the property thats at issue before the Commission. And -. YUEN:But the, theyre not asking for a Special Permit for the use of the road. Theyre asking for a Special Permit for the use of the privately-owned lots. IWASHITA:I understand. Its just, my, you know, maybe its just, cause its a title kind of issue. Part of the interest in owning the land, because this is not an access on apublichighway,thisisaccessonaprivateroadownedby9,000ownersthatendsup hooking up to a public highway. The interest in the land, this one acre, includes this th undividedone8959 interest, or whatever it is, in the road; and thats all a bundle of rights together. SPRINGER:And while thats an interestingpoint, Im not sure that thats the onethatthePetitionerismaking. SCHNEIDER:No.ButoneofthereasonsthatIhaveaskedforthespecial hearing is so that numerous issues can be addressed, one of which is the road safety 9