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Commission approves waiver for Kenneth Frey family transfer conditioned on WVDOH entrance permit
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Summary
The commission approved a waiver to allow a reduced access easement for a two-lot family transfer (file 2601-007) contingent on West Virginia Department of Highways issuing an entrance permit and relocation of the easement to avoid an existing structure; applicant representative said the structure will be removed.
The Berkeley County Planning Commission voted to approve a waiver request for a family-transfer subdivision by Kenneth Frey II (file 2601-007) that would create two 2.54-acre residential lots and a 0.93-acre residue lot.
Staff explained the applicant seeks a waiver to Section 302.1.D.1 of the county subdivision and land use ordinance, which requires a 50-foot right-of-way to a WVDOH right-of-way. The request proposes a 25-foot access easement for the first 100 feet to avoid an existing garage and then the required 50-foot easement after that distance. Staff recommended approval contingent on the West Virginia Department of Highways issuing an entrance permit for the proposed shared access and on relocating the access easement, if necessary, to avoid the structure not shown on the exhibit.
Applicant representative Jody Rozier said the structure in question is a storage building, that one has been taken down and that they will work on removing the remaining structure. Commissioners questioned whether WVDOH would accept a 25-foot shared residential access and discussed the need for the entrance permit. Planning staff emphasized that WVDOH approval is necessary for the reduced entrance width.
A motion to grant the waiver contingent on the two staff conditions was recited by the chair as made by Mr. Bush with a second from Mr. Goff; the motion passed.
Meeting action: Motion to approve waiver to Section 302.1.D.1 for the Kenneth Frey family transfer (file 2601-007), contingent on WVDOH entrance permit and relocation/clearance of the access easement; outcome: approved.
