77S159B. ~July 13, 1977
CASE NUMBER: 77S159
APPLICANT: IRENE W. CARNES
REQUEST AND PROPOSED USE: A Variance to use a parcel of land which has
no public road frontage for dwelling purposes. The applicant plans
to build a single family dwelling on this parcel.
LOCATION AND TAX MAP IDENTIFICATION: In Clover Hill Magisterial District,
this parcel lies 175 feet ~f the north line of Pear Orchard Road,
measured from a point approximately four (4) miles southwest of its
intersection with Skinquarter Road. Tax Map Sec. 85 (1) Part of
Parcel 11 (Sheet 26).
PROPERTY ACREAGE, ZONING AND LAND USE: Approximately 15 acres, zoned
Agricultural (A), and presentlY vacant.
ADJACENT AND A~A,''ZONINGAN~ L'ANU 'USE: Property is zoned Agricultural,
and is occupied bY single fam~y d~ellings or remains vacant.
UTILITIES: As of this writing, the Health Department has not reported
that this parcel is suitable for installation of a septic tank system
and individual well.
TRANSPORTATION AND TRAFFIC USE:
new street.
This request requires the opehing of a
GENERAL PLAN: Agricultural (A) use.
REQUEST ANALYSIS: The applicant, who is a property owner, plans to build
a single family dwelling on this site sometime in the future. She
states that access to Pear Orchard Road will be over and across the
private road easement from point A to point B as shown on the attached map.
AL'T.E~RNATI~VES~AND MITIGkT.ING .~E~SU.RES: Staff visited the location and found
that two families are Currently using the private road for access to
Pear Orchard Road. This private road is improved for approximately 300
feet north of Pear Orchard Road; is graveled for approximately 800 feet
from that point; and the remainder of the road serving the applicant's
property is dirt with need of extensive repairs if emergency vehicles
are to adequately serve this parcel.
Staff notes that the Board has already'granted two Variances along
this private road easement. On April 13, 1977, a Variance to use
Parcel 1 was granted to C. Milton Ritter (See attached map). On
May 11, 1977, an additional Variance was granted to Thomas F. Carries
to use part of Parcel~ 11 (See attached map).
Staff reviewed files and finds that the applicant's property and
surrounding property was given tentative approval for subdivision on
February 22, 1972; however, this approval has now expired. Staff
finds %hat five (5) parcels have been created from the original parcel to
include Parcels 1, 9, 10, 11 and 12. Parcel 11 has been further divided
into three (3) parcels, giving a total of eight (8) parcels created
from the original.
Staff notes that by definition this is a subdivision. The creation
of eight (8) parcels is six more than.are permitted by Ordinance
when %he divisions do not ~ee~ the exemption requirements from the
Subdivision Ordinance. In this case, the eight (8) divisions do
not meet the exemption requirements because they do not front along
an existing State highway. Therefore, Staff believes that approval
of this request would violate the provisions of the 'Subdivision
Ordinance.
STAFF RECOMMENDATION: RECOMMEND DENIAL OF THIS REQUEST AND SUGGEST THAT
THE BOARD ADVISE THE APPLICANT TO~ OBTAIN PLANNING COMMI'SSIQN APPROVAL
FOR SUBDIVISION. HOWEVER, IF THE BOARD 'SEE'S' FIT 'TO''GRANT 'TflI.S 'REQUEST,
'STAFF RECOMMENDS IT BE $'UBJECT TO 'THE FOLLOWING 'C0NUITIONS:'
1. A fifty (50) foot wide public road easement be dedicated
from Point A to Point B as shown on the attached map.
This dedication would be with the understanding that the
County will not build or maintain this road until it is
brought to State standards by others.
That no building permit be issued on this parcel until
this dedication is accomplished.
The applicant and adjacent property owners cpmstruct the
above described righ-of-way to at least all weather road
standards (gravel surface with roadside ditches) and maint-
ained to provide ease of ingress and egress for emergency
vehicles during inclement weather.
4. Occupancy shall not be granted until the road is brought
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 Department will prepare the deed of dedication
upon 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 surveyor 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, then 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 preparation of a deed of
dedication, please call the County Right-of-Way office at 748-1361.
I(
'CI,~L
~REA
F~ OOD
I I
/ /
/ ·
! /
/ /
/