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77S157July 13, 1977 CASE NUMBER: 77S157 APPLICANT: JOHNNY LEE MIDGETT 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 IDENTIFICATI©N: In Bermuda Magisterial District, this parcel lies 950 feet off th~ northeast line of East Hundred Road, measured from a point 2150 feet north of its intersection with N. Enon Church Road. Tax Map Sec. 135-4 (2) Rivermont Hills Lot 50A (Sheet 42). PROPERTY ACREAGE, ZONING 'AND LAND USE: Approximately 0.69 acres in area, zoned agricultural, and presently vacant. ADJACENT AND AREA, ZONING AND LAND USE: Property is zoned agricultural except that to the southwest, which is zoned residential R7. Adjacent property is occupied by 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: street. This request requires the opening of a new GENERAL PLAN: Single family residential use. REQUEST ANALYSIS: The applicant plans to purchase this property from William K. Miller and build a single family dwelling on the parcel. He states that access to E. Hundred 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. ALTERNATIVES AND MITIGATING MEASURES: The Staff reviewed this request and finds that Rivermont Hills Subdivision lies southwest of this property and Perkinson Heights Subdivision lies to the southeast. Other Adjacent properties are large vacant parcels with a good potential for future Subdivision. Staff reviewed records and finds that the original parcel has been divided a total of four (4) times. The creation of four (4) parcels is more than permitted when the divisions do not meet the exemption requirements from the Subdivision Ordinance. In this case, the divisions (Parcels 50, 50A, 50B and 50C) 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 visited the location and finds that the proposed road will require extensive improvements if adequate ingress and egress is to be provided for emergency vehicles. STAFF RECOMMENDATION: RECOMMEND DENIAL OF THIS REQUEST AND SUGGEST THAT THE BOARD ADVISE THE APPLICANT TO OBTAIN PLANNING COMMISSION APPROVAL FOR SUBDIVISION. HOWEVER, IF THE BOARD SEES FIT TO GRANT THIS REQUEST, STAFF RECOMMENDS IT BE SUBJECT TO THE FOLLOWING CONDITIONS: 1. A fifty (50) foot wide public road shall be dedicated from Point A to Point B, as shown on the attached map. This dedication shall be with the understanding that the County will not build or maintain this road until it is.brought to State standards by others. 2. No building permit shall be granted until this dedication is accomplished. 3. The applicant shall construct the above described right-of-way to at least all weather road. standards: gravel surface with road side ditches. This will provide ease of ingress and egress for emergency vehicles. 4. Occupancy shall not be granted until the right-of-way is constructed to all weather road standards. A deed of dedication can be prepared and executed by a private souree. The document must be filed with the County Right-of-Way Department, i 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: e Name(s) of legal living owner(s) of property. 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. 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. FL O, 4IN . 4IN CIESTERFIEL[,,s-, 135-3 50C \ \ 47A 7 o - ? % ~O~ooo TM 1.0_p- 'c GEO. WHITMAN, JR. '% I, CERT. NS: .... ~l 54-17-3 lA) 892 ~