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Oldham County panel approves two waivers to allow new lot on Little Pond Road
Summary
The Oldham County Planning and Zoning Commission on Feb. 25 approved two waivers allowing a property owner to create a 1.1-acre lot off Little Pond Road. The commission required a minor plat, a recorded shared road maintenance agreement and limited the waivers to the plan reviewed at the hearing.
OLDHAM COUNTY, Ky. — The Oldham County Planning and Zoning Commission approved two waivers on Feb. 25 to allow William Aaron Withrow to create a new 1.1-acre parcel from a 3.79-acre property at 10801 Little Pond Road in Goshen.
Commissioner Douglas moved to approve a waiver of Oldham County Subdivision Regulation section 5.7(e) allowing a fourth parcel to take access from a shared access easement; Commissioner Marsh seconded. The motion passed on a roll-call vote, 11-0. The commission then approved a separate waiver of the subdivision regulation’s 40-foot access-easement width requirement — a portion of the existing easement is 30 feet — on a second 11-0 vote after similar discussion and conditions.
Anna Barge, senior planner, told the commission the property is zoned R-1 residential and that the application proposes a minor plat creating a 1.1-acre tract and a residual 2.62-acre parcel. Barge said the waiver requests are: (1) to permit a fourth parcel to take access from the existing shared access easement (a limit of three parcels is in section 5.7(e)); and (2) to allow a narrow section of the access easement to remain 30 feet where subdivision regulation section 7.1 requires 40 feet.
The commission attached three conditions to each waiver: the approval applies only to the plan reviewed at the Feb. 25 hearing; a minor plat application and survey must be submitted to staff and approved before any building permits are issued; and a shared road maintenance agreement must be prepared, agreed to by all affected parties and recorded with the minor plat.
Applicant William Aaron Withrow, who identified his address as 10801 Little Pond Road, told the commission there is not a second structure on the site and that the new parcel layout corresponds to the drawing submitted. No members of the public spoke for or against the application; staff said notice requirements were met (agenda posted Jan. 30, adjoining-owner notices mailed Feb. 6 and public notice published Feb. 13).
Commission discussion focused on why a waiver was needed for a preexisting 30-foot easement. Commissioners and staff described the easement as a legal nonconforming condition that must be resolved when changes are proposed. Commissioner Douglas, the motion maker on the first waiver, said the configuration did not create an undue hardship or impair the subdivision rules’ intent. Commissioners pressed for clarity that the new access within the new tract would meet the 40-foot width on the plan presented and that any different dimensions on a later minor plat would require additional review or a new waiver.
Staff and counsel confirmed the minor plat review will ensure the portion of the easement within the newly created lot meets the approved plan; if the final submitted plat does not conform to the approved plan, applicants must either revise the plat or seek a separate waiver.
Votes at a glance: Waiver of section 5.7(e) (fourth parcel on access easement) — motion by Commissioner Douglas, second Commissioner Marsh; outcome: approved, roll-call 11-0. Waiver of section 7.1 (access-easement width) — motion by Commissioner Krauss, second (as recorded) Mr. Bauley; outcome: approved, roll-call 11-0.
Next steps for the applicant are to submit a minor plat and survey for staff review and to record a shared road maintenance agreement before building permits may be issued.
