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Commission recommends corrective side-lot addition to remedy garage encroachment, requests setback clarification
Summary
A side-lot plan filed to remedy a garage encroachment on Gregory Tuttle’s property was recommended for approval provided the plan clarifies setback origin, adds a right-of-way note and shows driveways; the solicitor and surveyor noted multiple plan edits needed.
The Planning Commission recommended final approval May 7 for a side-lot addition intended to remedy a newly constructed garage encroachment on tax map parcel 57-09-00-0-091, subject to plan edits and a formal modification request for setbacks.
Surveyor David Lentz explained the plan will subdivide a parcel from 57-09-00-0-091 and add it to 57-09-00-0-033 to correct the encroachment. The commission required a modified Statement of Purpose, labeling of the existing driveway on 57-09-00-0-033, owner name correction for Darlene Duncan, a clarification of which feature defines the front-yard setback (SR 819, private easement edge, or common boundary with the Gray property), and language noting a 20-foot private right-of-way extension to reach the Tuttle parcel. The plan must also include the requested modification notes if the Supervisors grant setback relief and must show only one front-yard setback line on the plan. Abutting owner Gordon Staats raised concerns about unauthorized access via rights-of-way. Motion made by Paul Holleran and seconded by John Durco to recommend Final approval subject to the conditions mentioned above. Vote on the motion: John Durco, Paul Holleran, and Connie Mattei voted for the motion. Motion passed unanimously.
The commission asked the surveyor to correct duplicate 30-foot setback lines and to submit any necessary modification requests to the Supervisors before recording.
