77S1563. S. July 13, 1977
CASE NUMBER: 77S156
'APPLICANT: RAYMOND E. LEWIS
REQUEST AND PROPOSED USE: A Variance to use a parcel of land, which has
no public road frontage for dwelling purposes. The applicant plans
build a single family dwelling on this parcel.
LOCATION AMD TAX MAP IDENTIFICATION: In Clover Hill Magisterial District,
this parcel lies 1350 feet off the north line of Winterpock Road,
measured from a point 1200 feet east of its intersection with Adventure
Hill Lane. Tax Map Sec. 108 (1) Parcel 15 and Parts of Parcels
14-8 and 14-9 (Sheet 28).
PROPERTY ACREAGE, ZONING AND LAND USE: Approximately 23.82 acres in area,
zoned agricultural, and presently vacant.
ADJACENT AND AREA, ZONING AND LAND USE: Adjacent property is zoned agri-
cultural 'and is occupied by a single family dwelling or remains vacant.
UTILITIES: The Health Department reports that this parcel is suitable for
installation of a septic tank and drain field and an individual well.
TRANSPORTATION AND TRAFFIC: This requires the opening of a new street.
GENERAL PLAN: Agricultural (A) use.
P~QUEST ANALYSIS: The applicant plans to purchase this property from
John E. Longmire and others and build a single family dwelling on
the site. He states that access to Chalkley Road will be over and
across a 50 foot wide, private road easement to road from point A to
point B; shown on the attached map.
ALTERNATIVES AND MITIGATING MEASURES: Staff reviewed the request and finds
that this parcel and adjacent parcels are large with a good potential
for future subdivision.
Physics Hill Subdivision lies to the southeast of this request. Staff
visited the location and finds that the proposed road will require
construction and extensive improvements if adequate ingress and egress is
to be provided for emergency vehicles.
Staff notes that by definition this is a subdivision. The applicant is
merging a total of three lots or, portions thereof, and creating one
parcel. By definition, this is a subdivision because the creation of
the parcel as the applicant proposes does not meet the exemption require-
ments from the Subdivision Ordinance. In this case, the proposed parcel
does not meet the exemption requirements because it does not front along
an existing State Highway and therefore, requires the opening of a new
street. Based on this, Staff believes that approval of this request
would violate the provisions of the Subdivision Ordinance.
STAFF RECOMMENDATION: RE'COMMEND .DENIAL' OF THIS 'REQUEST JAND· 'SUGGEST THAT
THE BOARD ADVi'.SEJ THE~ ApP~LiCJANT..TO OBT~IN..P,I2A~.N/~ING' COMM.i~SS~iON APPROVAL
FOR SUBDIVISION. HOWEVER,~ ~IF 'THE BOARU..SEES .FIT ~TO~ GRANT THI'.S REQUEST,
STAFF RECO-~q-END 'IT BE SUBJECT TO 'THE' 'FO~G ~ONS:
1. A fifty (50) foot public road shall be dedicated from point A
to point B, as shown on the attached map. Also, a fifty (50)
foot radius cul-de-sac shall be dedicated at point B, as shown
on the attached map.
2. No building permit shall be granted until this dedication is
accomplished.
3. The above described right-of-way and cul-de-sac shall be const-
ructed to at least all weather road standards: gravel surface
with roadside ditches. This will provide ease of ingress and
egress for emergency vehicles.
4. occupancy shall not be granted until the right-of-way and cul-
de-sac constructed to at least all weather road standards.
A deed of dedication can be prepared and executed by a private source.
The document must be filed with the County Right-of-way Department,
who will review and forward it to the County Clerk for recordation.
or
The County Right-of-Way will prepare the deed of dedication
upon the presentation of the following:
Three (3) copies of the latest recorded plat of the property. If no
plat is available, a plat by a certified land surveyGr is necessary.
The data on the plat should be as follows:
1. Name (s) of legal living owner(s) of property.
2. Deed or Will Book and Page~reference ~to~-legal living owner. If
there is no Will left by previous oWner, the.n an instrument must
be recorded to establish existing ownership.
3. Area to be dedicated to County described by bearings and
distances and tied down to an existing road, creek or structure.
If there are any questions regarding the presentation of a deed of
dedication, please call the County Right-of-Way Office at 748-1361.