Based on these established facts, we fail to see where any hardship exists that has not been the direct result of Mr. Hagan?’s own action. Further, we, as neighbors of this proposed development, fail to see why we should be charged, in perpetuity, with the impacts of Mr. Hagan?’s poor planning and oversight, nor where the Zoning Administrator found a justifiable basis for an exception under Zoning Resolution Section 3.C.1, with respect to the unverified hardships claimed.

Property owner is currently in violation

The terms of Mr. Hagan?’s septic permit required that he separate the well and septic leach field by a minimum of 100 feet. This is an exception to the normal regulatory requirement of 200 feet separation, and was approved due to the installation of an advanced treatment system. According to Mr. Craig Sanders of the Jefferson County Health Department, this regulatory exception is a default to the state water quality regulation, where 100-foot separation is required, without exception.

The septic system was installed in late August 2006 and the well in October 2006. However, even with all the exceptions and variances granted to allow the minimum well/septic separation distance, the well was drilled only 87 feet from the septic system, in violation of all these conditions. The cause or intent of this violation of the permit and County and State regulations is unknown to us and Mr. Sanders has accepted a plan by Mr. Hagan to relocate the septic system prior to final septic inspection. However, until that physical relocation of the septic leach field occurs, Mr. Hagan is in violation of these statutory conditions.

Further, in September 2006, Mr. Hagan submitted a site plan to the Evergreen Park Estates HOA for approval under our Protective Covenants. The site plan was the original unmodified site plan PE stamped on 9/21/2006. To date, although this plan was significantly modified in December 2006, Mr. Hagan has not submitted a modified site plan for approval.

While Mr. Sanders appears not to be interested in the intent that resulted in the septic permit violation, the neighbors are very concerned about this violation, the failure to comply with the HOA Covenants process, and whether similar intent may be revealed in other aspects of this site development. We, therefore, request that the Planning and Zoning Department and the Building Department be vigilant in their reviews and inspections as the development proceeds.

Planning and Zoning Department failed to notify the Evergreen Park Estates Homeowners Association

Zoning Resolution Section 3.C.4.b.1 requires the County to notify, in writing, all adjacent property owners of the exception application. Although we do not find a citation in the Zoning Resolution, the Zoning Administrator, Mr. Mike Chadwick, informed Mr. Greg Scott by telephone on February 9, that the homeowners association should also have been notified if they were properly registered. The Evergreen Park Estates Homeowners Association was never notified by the County of this exception application. A copy from this case file is attached, which clearly shows that our HOA was not included in the list of those receiving notification of this exception application.

On February 15, 2006, Mr. Greg Scott visited the Planning and Zoning Department and spoke with Ms. Joyce Seveland about the registration of the HOA. Ms. Seveland reviewed the files and discovered that the HOA was properly and currently registered, and therefore, should have been notified. The registration was received on November 2, 2005, and is current. A copy of that registration is attached. Further, a search of the County?’s registered database revealed that our HOA is available.

continued, Part 5