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ZBA approves three‑lot family subdivision on Darby Ford Lane with shared‑easement variance

Cherokee County Zoning Board of Appeals · April 9, 2026
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Summary

The Cherokee County Zoning Board of Appeals approved a variance allowing the Knights to divide about 23 acres at 1000 Darby Ford Lane into three family lots using an existing 60‑foot shared easement rather than building a county‑standard roadway. Neighbors asked about property impacts; the board approved the request 4‑0.

Thomas, a county staff member, presented a request by Wayman and Charlene Knight to subdivide roughly 23 acres at 1000 Darby Ford Lane into three family lots and to permit the lots to be served by an existing 60‑foot shared access and utility easement rather than by individual 50‑foot road frontage or a newly built county standard road.

Charles Franklin, the land surveyor for the applicants, said the property lacks sufficient public road frontage and that “there was an existing 60 foot shared easement” that the applicants proposed to use. He described the current access as an unimproved gravel drive that the applicants would lightly improve with grading and added gravel so the driveway can support emergency access.

Nathan Reinhart, who owns land contiguous to the Knight property, said he supported the family subdivision but asked whether any approval would ‘‘go with the land’’ or be attached to the specific owner. Thomas replied that variances typically attach to the property, though the board can add conditions. Joyce McElwain, who owns 1010 Darby Ford Lane, asked whether work on the easement would take 30 feet of her property or cause runoff; staff and the applicant said the proposal would not take her land and would involve minimal grading and graveling of the existing easement.

Board members asked whether future subdivision of the larger tract would trigger new county review and whether the existing driveway would be moved into the easement. Thomas said future subdivisions would need to return to the county and that the intent was to use the existing drive. Committee members discussed adding a condition limiting the approval to the lots now proposed.

A motion to approve the variance, with clarification that any further subdivision would require separate county review and that requirements for future subdivisions must be met, was moved, seconded and approved by the board on a 4‑0 voice vote. The approval allows the three family lots to be served by the existing shared easement with only minimal improvements as described in the staff and applicant presentations.

The board then moved to the next agenda item. The applicants may proceed with any necessary permits consistent with the variance conditions and county regulations.