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cussion back to the application.
“It could be construed that you paid good money for those covenants,” Mr. Lane said, “to protect you against what might happen on the subdivision’s adjoining lots.”
Taking a different tack, Mr. Raynor asked if the board would grant a special use permit to construct his mother’s house, as opposed to the subdivision request.
“You still can’t meet the density requirement of one dwelling unit per 25 acres,” Mr. McCarthy told him, “whether it’s a subdivision or on the same lot.”
Col. Bingham pointed out that the area is a prime candidate for rezoning to rural residential at some future time.
“It’s a better candidate for rezoning because of the development next door,” Mr. McCarthy agreed, “but it still doesn’t meet the density requirement” in rural residential of two houses per 10-acre parcel, or one for each five acres. And, he added, “it’s still got the restrictive covenants, so that might not help you.” , Mr. Estes argued again that the application dfd not, in fact, require a vote because of the restrictions on the deed. “If we vote yes, or no, it doesn’t matter.”
“That covenant,” Mr. McCarthy said, “is enforceable by anyone else in the subdivision. They can sue for breach of contract."
Col. Bingham inquired if the subdivision could have been granted under the 1973 ordinance.
“It would have been considered
Building?
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