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Board approves use of existing private easement to serve an additional family lot with recorded easement and maintenance condition
Summary
A parcel owner may create an extra lot served by a narrow family easement, provided a recorded plat and updated easement agreement acknowledge private maintenance and that the county is not responsible for upkeep; motion passed 4-0 with engineering conditions.
The board approved a variance allowing an existing, variable-width private easement (Clower Lane) to serve one additional lot on a 12.8-acre family tract, subject to conditions that a recorded plat and an updated access easement agreement be recorded acknowledging the private nature and maintenance responsibilities for the drive.
Staff said the easement, shown on older plats as a driveway easement without a fixed width, varies between 9 and 10 feet in places and currently serves four tracts; adding another lot would bring the total to five. County development rules generally require 20 feet of paved width with shoulders for the number of lots served or a 60-foot rural subdivision access if converted to a county-maintained road, but the ordinance also permits variances where owners demonstrate access and record agreements.
Engineering staff noted Clower Lane is substandard for the number of lots and recommended conditions: the applicant must record an updated plat and an access-easement agreement signed by all property owners using the easement that explicitly states the drive is private, not maintained by Cherokee County, and that property owners are responsible for upkeep. The owner, Gary Clore, told the board the land has been in his family for decades, that all affected parcels are family-owned and support the request, and that they have historically maintained the drive themselves.
The board approved the variance 4-0 with the engineering department recommended conditions requiring a recorded plat and updated easement agreement acknowledging private maintenance responsibilities.
Speakers: Dana (planning staff), Gary Clore (owner), Board members.
