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Planning commission approves subdivision of Berkshire HOA common area for adjacent homeowners

2833421 · February 19, 2025
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Summary

The commission approved a plat dividing 1.33 acres of HOA common area in the Berkshire neighborhood so homeowners Harry and Laura Gates can purchase a 0.29-acre portion adjacent to their property; staff said the HOA voted to approve the sale.

The Lexington Town Election and Planning Commission on Feb. 19 approved a plat to subdivide 1.33 acres of homeowner-association common area in the Berkshire neighborhood so homeowners can purchase a 0.29-acre parcel.

Jessica (staff member) presented the request, saying the Berkshire HOA and the buyers, identified as Harry and Laura Gates, asked to divide the HOA open-space parcel; the HOA submitted a letter indicating it voted to approve the sale. "The reason it's in front of you today is because it's in regards to HOA common area for subdivision," Jessica said.

Staff told the commission the portion being sold does not include the neighborhood trail and that the buyers said they want to purchase the lot to maintain trees and landscaping damaged by weather. A commissioner asked whether the subdivision would affect open-space compliance; staff said there was no issue with open-space noncompliance for this portion.

The commission moved, seconded and voted to approve the plat; the transcript records the vote as unanimous. The commission did not attach additional conditions in the meeting record.

The buyers plan to purchase a 0.29-acre portion adjacent to 115 Hill Lake Drive; staff included letters from the HOA and the buyers in the meeting packet.