77S161July 13, 1977
C~SE NUMBER: 77S161
~APPLICANT: DANNY R. CREEKMORE
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 Dwelling.
LOCATION AND TAX MAP: In Midlothian Magisterial, this parcel lies approx-
imately 440 feet off the north line of Berrand Road, measured from a
point 0.22 miles west of its intersection with Courthouse Road.
Tax Map Sec. 27-6 (1) Part of Parcel 1. (Sheet 8).
PROPERTY ACREAGE, ZONING AND LAND USE: Approximately one acre in area,
--'~ned ~griculturai, presently vacant.
~DJACENT AND AREA, ZONING AND LAND USE: Property is zoned Agricultural
and is occupied by single family dwelling or remains vacant.
'UTILITIES: The Health Department reports this parcel is suitable for
installation of a septic'tank ahd drain field system and an individual well.
TRANSPORTATION AND TRAFFIC:
street.
This request requires the opening of a new
GENERAL PLAN: Agricultural (A) use.
'REQUEST ANALYSIS: The applicant, who is a property owner, plans to build
a single family dwelling on this parcel. He states that access to
Courthouse Road will be over and across a 30 foot wide private road
easement from point A to point B as shown on the attached map.
AL'TERNATIVES AND MITIGATING MEASURES: Staff reviewed this request and
finds that this' parcel and adjacent parcels are large with a good
potential for future subdivision. The subdivision of Stonehenge lies
to the northwest of this request:
Staff'visited the location and notes that the proposed road will
require extensive improvements if adequate ingress and egress is to
be provided for emergency vehicles.
Staff notes that the creation of the parcel, as the applicant proposes,
will create a subdivision, by definition, because the proposal parcel
does not meet the exemption requirements Of the Subdivision Ordinance.
In this case, the proposed parcel does not meet the exemption require-
ments 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: RECOMMEND DENIAL OF THIS .REQUEST .kND.SUGGEST -THAT
THE BOARD.ADVISE~THE.-APPLI~CAN~ ~O. OBTAIN-'PL~NING''~CON34I~SSION'-APPROVAL
FOR SUBDIVIS'I. ON..'.-' .HOW]EVER','..IF.'.-'~HE BOAI~D..:SEES .FI~..~O'..'GRANT THIS R~QUEST,
·'STAFF 'RECOMMEND'S IT BE' SUBJECT TO THE FOLLOWING 'CONDITIONS:
1. A fifty (50) foot wide public road shall be dedicated from
Point B to Point C, 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.
2. A building permit shall not be issued until the above dedication
is accomplished.
3. The above described Right-of-Way shall be constructed to at
least all weather road standards (gravel surface with roadside
ditches). This will provide ease of ingress and egress for
emergency vehicles.
Occupancy shall not be granted until the .Right-of-Way is
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 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 the~e are any questions regarding the preparation of a deed of
dedication, please call the County Right-of-Way Office at: 748-1361.
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