AGENDA REQUEST

Owners/Applicants:

Board of Supervisors Meeting Date:

Irvin M. Woods and Kay Young, Owners
Richard L. and Elise B. Riedel, Applicants

August 10, 2006

 

Staff Lead:

 

Department:

Bonnie Bogert, Planner

Community Development

 

Magisterial District: 

PIN:

Marshall

6928-45-5147-000

6928-35-9271-000

 

Topic:  

A Resolution to Approve a Waiver to Allow 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. In 2004, an administrative subdivision created a five-acre parcel from the Woods property. In order to meet the requirements for the division, a fifty (50) foot wide easement was created using the existing driveway on the Riedel property. Since there is no requirement to build a road within the approved easement, Ms. Young has been using the existing driveway through the Woods property to access her parcel. Now, the owners would like to vacate the new 50-foot easement on the Riedel and Woods parcels, and grant an easement over the existing driveway on the Woods property since it is already in existence and no clearing would be required to utilize the access. The portion of Mr. Woods’ property that fronts on Leeds Manor Road (Route 688) is approximately twenty-three (23) feet in width, thus requiring the width waiver. That width is maintained approximately 200 feet into the property. Beyond that, the proposed easement would be thirty (30) feet in width. Mr. Woods has tried to obtain an easement from adjoining owners on either side of his property, but has not been successful. In addition, if a 50-foot easement was in place, both lots would have setback issues.

Attachment 1 provides a location map for the subject parcel in relation to the County and Leeds Manor Road. Attachment 2 shows the existing and proposed easements to the administrative division. The owners’ Statement of Justification is included as Attachment 3.

 

Planning Commission Action:

On June 29, 2006, the Planning Commission unanimously recommended approval of the Applicant’s waiver of Section 7-302 1.C. of the Zoning Ordinance.  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:

None

Other Departments, Organizations or Individuals affected by this request:

None

ATTACHMENTS:

1.      Vicinity Map

2.      Existing and proposed easements

3.      Statement of Justification

 

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