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Commission approves variance to formalize access for Lot 10 in Malvern Hills subdivision
Summary
Flying Pig Properties (represented by John Darren Patton) received a variance to legally establish access to landlocked Lot 10 via an existing 50-foot flag-lot driveway; staff and the owner said the request corrects an oversight in the 1996 final plat.
The Planning Commission approved an access-variance request that will formally legalize access for Lot 10 in the Malvern Hills subdivision by allowing the lot to use an existing 50-foot flag-lot driveway and easement.
Background: Staff said Lot 10 was recorded without a legal access in the 1996 final plat and that the lot is landlocked. The owner of Lot 15 currently controls a 50-foot flag-lot driveway that provides access to Lot 16; Flying Pig Properties' request would allow that driveway to also serve Lot 10, requiring a variance to the access policy because an access easement would serve another landlocked parcel.
Applicant comments: John Darren Patton, representing Flying Pig Properties, told the commission he owns Lot 15 and Lot 10 and that he attempted to secure a grant of access from Lot 11's owner but was unsuccessful; he said the request is a straightforward legal clean-up so Lot 10 can be sold in the future without title problems.
Commission discussion and vote: Commissioners asked about lot sizes (Lot 10 about 1.5 acres, other lots larger) and whether deed restrictions or other recorded instruments exist; staff and the applicant said the omission likely dated to the subdivision's creation and that no present plan to subdivide exists. A commissioner moved to approve the variance, a second was recorded, and the commission voted in favor by voice vote.
Next steps: Staff will record the variance; if the owner later seeks to subdivide, the matter will return to planning for further review.
