Board of Supervisors Meeting Date:
Ronald L. Harding
Chuck A. Floyd Community Development
Resolution to Waive Zoning Ordinance Section 7-302.1.B to Allow a
The property is located on
the south side of Old Devilís Turnpike (private street), south of the
applicant is seeking a waiver of Zoning Ordinance Section 7-302.1.B,
Limitations, which would allow a subdivision on a private street that does
not connect directly to a state maintained street.
As proposed, the new twenty-foot easement would connect to another
private street rather than the required direct connection.
The applicant has submitted a family transfer division application
to divide a 45.8121-acre parcel into two lots to create a parcel for his
father. As proposed, the
family transfer lot would be accessed via a twenty-foot easement from an
existing variable width private right-of-way, Old Devilís Turnpike.
Old Devilís Turnpike connects directly to
property is zoned RA (Rural Agriculture).
It does not have any subdivision potential other than one lot.
The property is located on the south side of Old Devilís
Turnpike, south of the
Attachment 1 and 2 provide location maps for the subject parcel in relation to the county and Old Devilís Turnpike. The proposed family transfer plat located at Attachment 3 illustrates the access to the lots beyond the applicantís property. The plat does indicate a newer private easement across the applicantís property that provides this access. The applicant's justification is included as Attachment 4. Attachment 5 is a previously approved waiver of the private street length limitation. This length limitation was conditional upon no driveway access onto Old Devilís Turnpike beyond 300-feet of the westernmost property line of parcel 7920-78-9858-000.
Requested Action of the
Board of Supervisors:
Consider adoption of the attached resolution.
1. No other access appears to be feasible;
2. The family transfer would not be permitted without the waiver; and
3. The traffic impact from the proposed one (1) additional dwelling will be of minimal impact to the existing property owners utilizing Old Devilís Turnpike.
fiscal impact analysis was required with this request.
Departments, Organizations or Individuals affected by this request:
Property owners along Old Devilís Turnpike.
Section 7-302.1.B of the Zoning Ordinance requires that a private street connect directly to a state maintained street. However, the Board of Supervisors has the authority to modify this limitation provided the applicant can show that:
1. No other remedy is realistically feasible;
2. Plausible alternatives have been exhausted;
3. To not so modify the applicable limitation would place an unreasonable restriction on the use of the property; and
4. Properties through which access is planned will not be unreasonably affected.
No other access options are available, as the applicantís lot is internal to the development. Without the requested waiver, the applicant cannot proceed with the proposed family transfer division as the road frontage and access requirements cannot be met.
Five (5) addressable structures, presumably homes, are located on Old Devilís Turnpike. The impacts of one (1) additional dwelling or the equivalent of ten (10) vehicles per day would, in staff's opinion, have minimal impact on the existing private street.
2. Vicinity Map