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Malabar council to pursue road-waiver option for Gator Way Lane after neighbors push to preserve rural character
Summary
Neighbors urged the town to preserve a 10-foot right-of-way on Gator Way Lane and oppose full road improvements; council reached consensus to pursue a limited road-waiver application because required upgrades would affect wetlands and carry substantial mitigation costs.
Council Chair and Mayor Steve Rivet on April 20 heard neighbors urge the town to preserve the narrow, rural character of Gator Way Lane rather than force the developer to make full roadway upgrades.
Two residents who access parcels from Gator Way — Mr. Jarrett and Charles Clary — told council they wanted the lane to remain unimproved so the applicant could build without widening the road. They said the 10-foot right-of-way functions as a buffer and that the end of the lane abuts wetlands unlikely to connect to adjoining roads.
Town Manager Lisa Morrell told the council the situation is complicated by conflicting parts of the town code: one provision requires an improved right-of-way to the furthest extent of a lot prior to development, and another directs improvement of developed rights-of-way to accepted standards. Morrell said the road was previously accepted as a town-maintained road in a substandard condition and that any standard improvement would intrude into wetlands. She noted the town was quoted a wetland mitigation-bank cost of about $410,000 per acre for impacts tied to improvements.
Town Attorney Karl Bohne recommended the council consider a narrowly drawn waiver with specific qualifiers so approving development without full improvement would not set a broad precedent.
Council members expressed differing views. CM Jim Clevenger supported pursuing a waiver to preserve the rural character; CM Wayne Abare emphasized the town’s usual requirement that a buildable lot have an accepted road with a 20-foot travel path and appropriate culverts. After discussion, council reached consensus to proceed with a road-waiver application and directed staff to return with a formal waiver process and draft qualifiers.
The next step is a formal waiver application and a Council review of the specific waiver language and conditions; staff said the applicant may subsequently seek alternate access from Duncil Lane if the waiver is denied.
