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Planning board approves variance for five-lot subdivision on Shell Road with paving, lighting conditions
Summary
The Town of Thunderbolt Planning & Zoning Board unanimously approved a variance allowing Kern & Co. LLC to use a HOA-maintained private access easement to serve five lots at 3104 Shell Road, conditioned on paving and lighting the access, after neighbors raised drainage and tree-damage concerns.
The Town of Thunderbolt Planning & Zoning Board on June 17 unanimously approved a variance that allows Kern & Co. LLC to use a private access easement to serve five lots at 3104 Shell Road rather than constructing a 60-foot public street required for subdivisions with more than three lots.
Clerk of Council and Zoning Administrator Deatre Denion told the board that staff recommended approval if the access easement is paved and provided with lighting and that maintenance be handled by a homeowners association. Developer representative Chad Zittrouer said the proposed houses would be about 1,200 to 1,400 square feet, with side and rear entrances and parking located to the side and rear. Zittrouer said the developer intends to reroute an existing underground stormdrain on the property.
Neighbors raised concerns during public comment. A resident identified as Edward of 3106 Shell Road asked who would maintain the stormdrain serving the site. An unnamed resident of 3105 Rowland Avenue reported that trees from the parcel at 3104 had fallen onto her property and caused damage. Town Attorney Charlie Barrow characterized the tree-damage and related maintenance disputes as civil matters between property owners.
Commissioner John Mattingly moved to approve the variance with the staff-recommended conditions; Commissioner Patricia Holland seconded. The motion passed unanimously.
Why it matters: the board's waiver of the 60-foot-street requirement lets the developer avoid constructing a public roadway by relying on a privately maintained access easement; the board attached conditions intended to reduce immediate safety and maintenance concerns but neighbors questioned drainage and tree-related liabilities that would remain private civil issues.
Next steps: the board approved the variance and did not list additional follow-up at the meeting; any enforcement of the paving, lighting, or HOA maintenance conditions will depend on how the town implements the permit and any subsequent compliance checks.
