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Commission tables easement-width waiver (PZ-25-006) after staff finds unadvertised 30-foot segment

Oldham County Planning Commission · February 12, 2025
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Summary

The Planning Commission on Jan. 28 tabled a waiver request (PZ-25-006) after staff discovered a short portion of the private access easement at 10801 Little Pond Road measures 30 feet, not the 40-foot minimum required by county standards, and the additional relief was not advertised.

William Withrow appeared Jan. 28 seeking a waiver (PZ-25-006) to allow a fourth parcel to use a private access easement at 10801 Little Pond Road. Staff told the commission that the easement narrows to 30 feet for a short segment but the subdivision regulation requires a 40-foot access-easement width. Staff and the applicant said the 30-foot segment had not been identified in the application materials circulated with the meeting notice, so relief for the easement-width was not advertised.

Commissioners expressed concern about taking action on a relief that had not been properly noticed because approving unadvertised relief could expose the county and the applicant to downstream claims. After discussion staff recommended the applicant either amend the application and renotice the additional waiver (for the easement width) or the commission could table the matter so it can be considered together after proper notice. The commission voted to table the item by voice vote and directed staff to renotice once the applicant includes the easement-width waiver in the application.

Planning staff said no other utilities were planned to travel the short 30-foot segment and that the applicantwho explained family reasons for the requestbelieves the current use is primarily by his parcel. The commissionciting notice and downstream riskchose the cautious approach and tabled the case so the applicant can return with amended materials.