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Residents Argue Open Space Land Rule

Posted on: Thursday, 6 October 2005, 00:00 CDT

By Leroy Standish, Daily Press, Victorville, Calif.

Oct. 5--APPLE VALLEY -- Some residents are appealing a 156-lot development at the north end of Apple Valley Road because they say the planned subdivision violates the town's open space conservation development standards.

The Town Planning Commission approved the Ion Communities' development last month by a vote of 4-to-1. The objecting vote was cast because in one planning commissioner's interpretation some of the lots encroached upon open space. The majority of the commissioners decided the project meets code and gave it their seal of approval.

The Town Council will hear the appeal at its Tuesday meeting.

"At least 31 lots are in open space by up to 69 percent," Reid Robsahm, who is heading the appeal, said. "In addition the town has allowed Ion to place detention basins in open space, in addition the town has allowed Ion to put a water tank smack dab in the middle of the most pristine and beautiful small mountain in this parcel of property."

Robsahm added that he is circulating a petition and anticipates a large turnout of residents.

"I was the only one who voted against it, because it encroached into open space," Commissioner Darryl Evey said. "If I wanted to build a house and stick half of my house on commercial zoned land that is illegal, and if I wanted to build a house and stick half of it on open space land that would be illegal and we would be allowing (Ion Communities) to do that."

Whether that is true or not is debatable, said Planning Commission Chairman Bob Tinsley.

"That's a gray area. It's a matter of interpretation as to the way the code is written and interpreted," Tinsley said.

The project, on the whole, will be a great asset to the town, he said. "They are going to mitigate a lot of existing problems up there related to infrastructure (drainage, utilities, sewerage, etc. ...)," Tinsley said. "New construction not only takes care of existing problems, but they would mitigate a lot of other potential problems they would cause."

Robsahm said zoning integrity should be the town's prime concern. "What the developer should not be able to do is convince the planning commission is that it is OK to build on open space conservation-zoned land," he said.

Ion has plans of building a gated community with homes on about 100 acres of the 173 acres it owns in north Apple Valley. The homes are projected to sell in the $500,000 range.

Members of the Town Council said they had not yet seen the appeal and declined comment.

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Source: Daily Press - Victorville, California

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