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Board grants subdivision waiver to split long‑established autofacility and mini‑warehouse parcel
Summary
The board approved a waiver request that allows the subdivision of a parcel currently occupied by an automotive repair operation and a mini‑warehouse. The action creates a nonconforming lot relative to current limited industrial lot‑coverage and open‑space rules; the Planning Commission recommended approval 7–2.
The Isle of Wight County Board of Supervisors granted a waiver to allow the subdivision of a parcel occupied by an automotive repair operation and an adjoining mini‑warehouse/storage facility on Brewers Neck Boulevard.
Why it matters: The request allows the owner to divide an existing, long‑standing mixed‑use parcel into two tax/assessment parcels. Staff recommended denial because the split would create a nonconforming lot that exceeds current lot coverage limits and fails the minimum open‑space ratio; the Planning Commission recommended approval and the board approved the waiver.
Background and staff analysis
County planning staff recounted the property’s land‑use history: originally rezoned in 1982 and again in 1983 to today’s limited industrial district to accommodate motor vehicle repair; a mini‑warehouse was established in 2000. Staff said the proposed subdivision would result in the auto repair parcel exceeding the zoning district’s maximum lot coverage and falling below the minimum open space ratio. Staff concluded the parcel’s existing uses could continue and therefore found the strict ordinance application did not create a new hardship; staff recommended denial.
Applicant position and Planning Commission
Attorney William Riddick, representing the owner, argued the improvements were lawfully established prior to present rules and that creating two separate parcels is a reasonable administrative action that could lead to separate property assessments and facilitate separate ownership. The Planning Commission recommended approval by a 7–2 vote.
Board action
After hearing the application, testimony and staff recommendations, the board voted to grant the waiver that allows the subdivision despite the resulting nonconforming coverage and open‑space ratios. Staff noted that any future expansions exceeding an ordinance threshold would trigger full review and compliance with current ordinance requirements.
Ending
The waiver allows the owner to record the subdivision. If future work or expansion occurs on either resulting parcel, the parcels must meet current requirements or seek variance/permit approvals as applicable.
