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Commission approves waiver for Calhoun family transfer with right-of-way and maintenance conditions
Summary
A waiver to the 50-foot right-of-way rule was approved for the Gabriel Calhoun family transfer, contingent on increasing an existing 24-foot access to 50 feet to the residue parcel and a road maintenance agreement; the applicant and staff offered few public questions and the commission moved to close the hearing.
At a Berkeley County Planning Commission public hearing, the commission approved a waiver that will permit creation of a new 5-acre family-transfer residential lot accessed by an existing private easement, subject to conditions requiring an increase in right-of-way width and a road maintenance agreement.
Planning staff presented the Gabriel Calhoun Family Transfer (file 2502-051) and explained that the project proposes one new 5-acre lot served by private well and septic and would leave a 13.5-acre residue. Staff said the project requests a waiver to subsection 302.1.d.0.1 of the subdivision and land use ordinance, which requires a 50-foot right-of-way from proposed family-transfer lots to a WVDOH right-of-way. Staff recommended approval contingent on increasing a 24-foot access (Shetland Hill Road) to 50 feet and requiring owners of proposed Lot 3A and the residue parcel to enter a road maintenance agreement to ensure ongoing maintenance.
The applicant was represented at the hearing by Bree Calhoun. There were no public speakers during the hearing. Commissioners questioned staff and the applicant to confirm that the 24-foot access would need to be increased to 50 feet beyond a certain point and to confirm which parcels would be bound by the maintenance agreement.
Commissioner Lewis moved and Commissioner Goff seconded a motion to accept staff recommendations—to grant the waiver provided the right-of-way be increased from 24 to 50 feet back to the residue parcel and that Lot 3A owners and the residue parcel owners enter a maintenance agreement. The motion carried with no recorded opposition.
Staff noted the residue parcel’s earlier creation under a family-transfer exemption and said documentation of any existing road maintenance agreement was not found in the record; the new condition requires the parties the commission can bind to enter a maintenance agreement as part of the approval process.
