Planning commission approves family-transfer waiver for Stanley property

The Burke County Planning Commission voted to approve a waiver request that will allow James and Susan Stanley to create a 2.2-acre family-transfer residential lot off Midnight Meadows Way.

Staff told the commission the request (file 2503-070) seeks a waiver from a provision of the subdivision and land use ordinance requiring a 50-foot right of way; Midnight Meadows Way is a 30-foot nonexclusive right of way and the unnamed internal access is currently 30 feet. The waiver was approved on a motion with conditions that expand the unnamed right of way across the Stanley property to 50 feet and require the owners of the previously approved family-transfer lot and the future owner of the proposed lot to enter a road maintenance agreement.

Planning staff said the proposed family-transfer lot would be 2.2 acres served by a private well and septic. Creating the lot would leave an 11.6-acre residual tract that staff described as unimproved. Staff recommended granting the waiver to section 302.1(d)(0.1) of the subdivision and land use ordinance, contingent on widening the unnamed nonexclusive right of way to 50 feet from Midnight Meadows Way back to the proposed lot and on a road maintenance agreement.

Applicant James Stanley, of 72 Garnet Drive, Bunker Hill, said he and his wife bought the property about five years ago and intend to give the new lot to their daughter; he told the commission that a prior family-transfer lot for their son had already been approved and that no other parcels are for sale. When asked, Stanley agreed to the staff conditions to expand the existing right of way and to the maintenance agreement.

A motion to accept staff recommendations and grant the waiver was made and seconded; the commission carried the motion by voice vote.

The commission recorded no written roll-call tally in the meeting transcript; the record shows the motion carried by voice vote.