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Planning Commission backs waiver to allow family-member subdivision on private easement
Summary
The commission voted to recommend approval of a waiver allowing creation of a family-member transfer subdivision on a private easement, despite staff recommending denial over access and ordinance compliance concerns. The item moves to the Board of Supervisors on June 18.
The Isle of Wight County Planning Commission voted April 28 to recommend approval of a waiver request that would allow a family-member transfer subdivision to be created from a parcel served by a private easement.
Caleb Kitchen, with the county’s planning and zoning staff, told the commission the parcel (staff identified a tax-map reference and presented the site as located at 18321 Breezy Hill Lane) is zoned Rural Agricultural Conservation and measures about 4.11 acres after a recent boundary-line adjustment. Kitchen said the application seeks waivers to Section 3.2.4(A)(4) and Section 5.9.1(C) of the Isle of Wight County subdivision ordinance but failed to meet the ordinance criteria tied to safe access and VDOT/road-compliance requirements. “Therefore, we recommend denial of the waiver because it fails to meet those criteria,” Kitchen said.
Applicant Barb McCullough spoke for the family and described a desire to move closer to an adult child and grandchildren; she gave an address she uses for the residence as 18321 Muddy Cross Drive and said the request is driven by family care considerations. After questions about emergency-vehicle access and the existing roadway maintenance agreement, a commissioner moved to recommend approval to the Board of Supervisors and a second was recorded. The commission completed a roll-call vote and the motion passed; staff said the Board will hear the item on June 18.
The commission’s discussion noted prior direction from the Board to study limits on lots served by private roads; commissioners asked staff to consider ordinance changes for private roads and to ensure adequate documentation of vehicular access when such waivers are requested. The staff presentation included parcel and GIS detail and noted the application included a 1.28-acre boundary-line addition that is not yet posted in the county’s system.
What happens next: the commission’s recommendation will be transmitted to the Isle of Wight County Board of Supervisors for a decision at its June 18 meeting.
