Board of Supervisors Meeting Date:
Ray A. and Jo Ann W. Peterson
Elizabeth A. Cook
Resolution to Waive Zoning Ordinance Section 7-302.1B to Allow a Private Street
That Does not Connect Directly to a
Waiver of Zoning Ordinance Section 7-302.1.B to Allow a
property is located on the north side of
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 twenty-foot easement would connect to another
private street rather than the required direct connection. The applicants have submitted a family transfer division
application to divide a 10.054-acre parcel into two lots to create a
parcel for their daughter and her husband. As proposed, the family transfer lot would be accessed via a
twenty-(20') foot easement from an existing fifty-foot (50’) private
property is zoned RA (Rural Agriculture) and RC (Rural Conservation).
It does not have any subdivision potential other than one (1) lot.
The property is located on the north side of
1 provides a location map for the affected parcel in relation to
Requested Action of the Board of
Consider adoption of attached
Planning Commission Action:
No other access appears to be feasible;
The family transfer would not be permitted without the
The traffic impact from the proposed one (1)
additional dwelling will be of minimal impact to the existing property
Financial Impact Analysis:
fiscal impact analysis was required with this request.
Organizations or Individuals affected by this request:
Property owners along
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:
No other remedy is realistically feasible,
Plausible alternatives have been exhausted,
To not so modify the applicable limitation would place
an unreasonable restriction on the use of the property, and
Properties through which access is planned will not be
other access options are available, as the applicants' 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
a letter dated
Road design, which is not a requirement.
Road construction, which is not a requirement.
As there is no construction required, there are no turnaround
requirements at the street terminus.
There is no limitation on the number of houses on this
type of private street.
There is no minimum width requirement for these
private streets only an easement width requirement of 50 feet, unless it
is to serve a family transfer lot of less than five acres pursuant to the
State Code requirement.
With family transfers there is no length limitation on
Road frontage requirements may be along private
easements for family divisions.
Family transfer process requires the notification of
the adjoining property owners, and provides for a fifteen-day comment
period. This notice is a
courtesy, and if the proposed division meets all the technical
requirements it must be approved.
The private streets are included within the properties
through which they cross, and not owned by the homeowners' association;
therefore, notice would not be sent to the association.
(17) addressable structures, presumably homes, are located on
of the submission requirements of the family transfer process stipulates
that if the private streets are non-exclusive rights-of-way maintained by
a recorded maintenance agreement or a homeowners association, concurrence
of the association or persons signatory to the maintenance agreement for
the addition of the proposed lot is required.
The previously mentioned approval of the Pond Mountain Homeowners'
Association appears to meet this requirement.
However, the applicants have modified the lot layout such that a
private easement will provide access to the family transfer lot rather
than front both lots on
1. Vicinity Map