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The applicants are 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
fifty-foot easement would connect directly to another
private street rather than the required direct public street
connection. The applicant has submitted a family transfer
division application to divide an 8.6713-acre parcel into
three lots to create two parcels for each of their children,
plus the residue lot where the existing home is located. As
proposed, the family transfer lots would be accessed via a
fifty-foot ingress/egress easement from an existing
fifty-foot wide private right-of-way, Maryann Lane. Maryann
Lane connects directly to Sumerduck Road, Route 651.
On May 27, 2004, the Planning Commission postponed action on
this application to allow the applicant time to address an
issue raised at the meeting regarding further subdivision of
the residue parcel. Based on the Village (V) zoning of the
parcel, the residue would have the potential to be divided
into eight (8) lots, including the residue. The applicant
has agreed to deed restrict the residue parcel with the
following language: “The residue from this subdivision
may be divided into no more than two lots, with no further
divisions permitted”. The Deed of Gift is included as
Attachment 3. In addition, the same note has been added to
the Family Transfer plat which is included as Attachment 4.
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