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Planning commission approves variance to allow subdivision across private drive on Neely Wingard Road
Summary
The Lexington County Planning Commission approved a variance allowing Sandra Murdock to split a roughly 4.5-acre parcel accessed by a 50-foot flag-lot driveway so she can gift a portion to her daughter; the commission found the request met the policystandards.
The Lexington County Planning Commission on April 2025 approved a variance to the county access policy allowing property owner Sandra Murdock to split roughly 4.5 acres on Neely Wingard Road and create a separate parcel accessed by an existing 50-foot flag-lot drive.
The commission voted unanimously to grant the variance after hearing from staff that Murdock—s driveway—shown in county GIS as Omega Stables Lane—provides the only legal access for a landlocked parcel and that formally establishing a private road would require paving and other improvements Murdock does not want to pursue. Commissioner Price moved to approve; the motion passed with all members voting yes.
County staff told the commission that the applicant—s parcel currently contains a dwelling and the proposed split would leave two parcels: the parcel containing Murdock—s home and a separate parcel that she intends to gift to her daughter so the daughter can build in the future. Staff said the drive already provides an easement to an adjoining parcel and that county GIS shows the driveway name but not a formally dedicated private road. The staff presentation noted the variance was a request to Item 3 of the county access policy, which normally prevents an access easement used to serve a landlocked parcel from also serving another landlocked parcel.
Murdock addressed the commission and read a letter asking that the request be placed on the agenda. In the letter she wrote that the mortgage companies would not provide a mortgage if two residences sat on a single parcel and that she planned to add her daughter—s name to the portion she retains so the daughter would inherit it. "I wish to petition the committee for a variance to the access policy for an additional easement to Neely Wingard Road so I can split my property and give part to my daughter so she and her family can build a house," Murdock said in the written comments read into the record.
Commissioners asked whether making the driveway a formally dedicated private road was an option; staff replied that formal dedication would require platting a turnaround and paving because the private-roads policy requires pavement where the private road connects to a paved public road. Because the driveway is unpaved, staff said Murdock would still need a separate private-road variance to pursue that route. Commissioners discussed whether the parcel—s circumstances met the county—s variance standards and several said they found the situation exceptional.
The commission—s action forwards the recommendation to the next procedural step per county practice. No additional conditions, amendments or legal citations were included in the motion as read on the record.
Details from the staff presentation included the parcel—s approximate size (about 4.5 acres), the 50-foot flag-lot driveway providing access, and the 1264 Neely Wingard Road reference where the easement connects. Staff also noted the driveway has signage identifying it as "Omega Stables Lane" though it is not formally recorded as a private road in county records.
The commission moved to the next agenda item following the vote.
