Board of Supervisors Meeting Date:

Thomas and Cheryl Blicharz

June 8, 2006


Staff Lead:



Bonnie Bogert, Planner

Community Development


Magisterial District: 






A Resolution to Approve a Waiver for a Right-of-Way Less Than Fifty Feet in Width, Marshall District


Topic Description:

The owners are seeking a waiver of Zoning Ordinance Section 7-302 1.C., Limitations, which would allow a right-of-way that is less than fifty (50) feet in width. The subject property is currently accessed by way of a twenty (20) foot wide easement, which connects to Cherry Hill Road (Route 638); however, the subject property does not have frontage on Cherry Hill Road. The existing easement runs across an adjacent property, which does front on Cherry Hill Road. The applicants are proposing to divide their 38.2-acre parcel into two (2) lots, an administrative lot of five (5) acres and a residue of 33.2 acres. As proposed, the easement on the subject property would be twenty (20) feet in width along the entire right-of-way.

The property is zoned Rural Conservation (RC).  The subject property has the subdivision potential to be divided into four (4) lots.  The property is located on the west side of Cherry Hill Road (Route 638). 

Refer to Attachment 1 which identifies the parcel location more precisely. Attachment 2 presents a sketch plan for the division and access to the lots, while the applicant’s justification is provided in Attachment 3.


Planning Commission Action:

On May 25, 2006, the Planning Commission unanimously recommended approval of the applicant’s request for a waiver of Section 7-302 1.C. of the Zoning Ordinance, subject to conditions.  The Planning Commission staff report is available upon request.


Requested Action of the Board of Supervisors:

Consider adoption of the attached resolution.


Financial Impact Analysis:


Other Departments, Organizations or Individuals affected by this request:



1.      Vicinity Map

2.      Proposed Lot Layout

3.      Statement of Justification


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