The Lexington County Planning Commission approved variances that would allow the creation of two additional lots on a property served by Fry Branch Road, using an easement in the Dominion Energy transmission-line right-of-way for access.

Terry Big Phillips (referred to in materials and testimony as the applicant) sought to create one two-acre parcel for her son and another one- to two-acre parcel she could sell; the proposal would become the 12th and 13th lots using Fry Branch Road for access if completed. Commission approval covered both the private‑road variance and an access easement variance tied to county access policy.

Applicant testimony explained some neighbors contributed to recent resurfacing and speed‑bumps; Gary Phillips, who spoke at the meeting, described resurfacing “all the way to right before the last 2 properties” and said most neighbors participated. The applicant’s written variance statement noted Dominion Energy granted permission to install a gravel driveway in the transmission right‑of‑way and that some areas of the parcel are under transmission-line restrictions. “My property was bought for my children to be able to be near me as I got older,” the applicant wrote in materials provided to the commission.

Staff said a recorded 1979 road‑maintenance agreement applies to Fry Branch Road and that portions of the applicant’s parcel include a narrow sliver to Riverchase Way, which required coordination with an adjacent commercial property owner (Lab Properties LLC / Gerber repair business) to confirm access rights. Staff also said a flag-lot approach was considered but legal advice recommended using an easement because of Dominion Energy’s transmission‑line restrictions.

The commission discussed neighbor dissent letters from at least two residents, the existence of a recorded maintenance agreement, and who had actually paid for the recent resurfacing. One commissioner noted the variance request involves allowing a long easement—roughly 2,000 feet—to serve two landlocked parcels and emphasized that this was the central issue.

A motion to approve the variances carried after a second; the approval included standard conditions flagged in the staff packet (submission of recordable plats, individual well and septic systems if public services are unavailable, and an amended or confirmed road maintenance agreement where applicable) and the recurring condition that any further subdividing on the private road must return to the planning commission. The transcript records affirmative votes from Commissioner Price, Commissioner Shealy, Commissioner Pike, Commissioner Otto, Commissioner Campbell, Vice Chairman Frost and Chairwoman Mitchell.

Staff noted water availability exists in the general area but that sewer is not available for the applicant’s proposed back‑lot; the applicant indicated the builder expected to connect to the closer Royal Oaks water service and that septic would be required where sewer is not present.

The commission’s approval does not itself record or amend the existing road‑maintenance agreement; any changes to that agreement or required permits for wells/septic must be resolved during platting and permitting.