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Commission tables Staley subdivision after residents raise right‑of‑way concerns
Summary
Commissioners tabled a request by James Staley to subdivide ~5.14 acres off Mudlick Road after nearby landowners and a public commenter said deeds and plats did not show a recorded 50‑ft right‑of‑way and asked for broader notice; staff was directed to clarify title/right‑of‑way before resubmitting.
The Wythe County Planning Commission voted April 6 to table an application from James Staley and Linda Brogden to subdivide roughly 5.141 acres from a parcel on State Route 647 (Mudlick Road) after neighbors questioned whether approving the plat would effectively create a 50‑foot right‑of‑way along Indian Meadow Road.
Staff said the proposed small parcel lacks the 100‑foot state road frontage required by the subdivision ordinance and that the application included a private right‑of‑way that in places narrows to 40 feet; applicants requested variances to §5.3.18 and §7.3.15. Bradley, the surveyor representing the applicants, walked the commission through plats showing a proposed access that would connect to Indian Meadow/Indian Ridge and then to Mudlick Road.
Nearby owners Randy and Janet Wright told the commission their deeds and plats do not show a 50‑foot recorded right‑of‑way across Indian Meadow Lane and asked whether approving the plat would create one. "If this plat is approved, does that automatically give a 50‑foot right‑of‑way down Indian Meadow Lane all the way to Mudlick Road?" a Wright asked. Terrence Mallister, another nearby landowner, said he had reviewed deed records and surveys and likewise found no recorded right‑of‑way; he asked that all property owners who would be affected receive notice before any decision.
Commissioners said the matter could create conflict among adjoining owners if written deeded rights are not clear. The commission voted to table the application so staff can research title and right‑of‑way records and the applicants may revise or reapply. A staff comment in the meeting indicated applicants may revise the application to propose a different private right‑of‑way alignment or pursue an owner‑to‑owner deeded access.
The vote to table did not approve any variance; commissioners asked staff to return the item after deed/right‑of‑way clarification or when applicants revise the right‑of‑way.
Next steps: staff will research recorded deeds and right‑of‑way evidence and notify affected property owners; the item was flagged for the commission’s next meeting if documents are available.
