Developer appeals ZBA denial for shared driveway serving five lots; commissioners consider rehearing

Walt Linscott asked the board to rehear a Zoning Board of Appeals denial about allowing five lots to share a private 20‑foot driveway that does not meet the county’s 60‑foot rural‑subdivision right‑of‑way standard. The Zoning Board of Appeals denied the variance on Sept. 11 and the applicant appealed that decision to the board.

Staff summarized that the request concerns a rule subdivision where the county standard calls for a 60‑foot right of way; the applicant proposes a 20‑foot shared driveway and indicated willingness to pave and to provide an access maintenance agreement among lot owners. The ZBA denied the variance 4‑0, and the applicant provided an appeal letter and a petition of support from nearby property owners.

Commissioners discussed several substantive implementation concerns: stormwater and whether a hydrology study would be required if the access becomes a common plan of development; fire protection and hydrant proximity (staff noted the fire marshal could require a note on plats indicating properties are outside hydrant radii or impose other practical measures); and whether engineering standards for the driveway could be satisfied for emergency access. A commissioner said the style of development (large lots with shared access) fits the county’s rural goals and expressed willingness to work toward a solution.

The chair and commissioners indicated they were prepared to accept the appeal and schedule another hearing (staff suggested the second meeting in November as a potential hearing date). No formal rehearing decision was recorded in the work session transcript; the board discussed procedural next steps and concerns staff would need to address if the appeal is accepted.

Why it matters: The decision would affect how rural lots may be served by shared private drives, with implications for stormwater regulation, emergency access and long‑term maintenance obligations for homeowners.