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Applicant seeks driveway waiver after state denies West Washington access; commission tables decision pending right-of-way research
Summary
An applicant seeking a waiver to reduce driveway side setbacks from 5 feet to 4 feet said the West Virginia Division of Highways would not permit access on West Washington, leaving Baylor Street as the only option; commissioners tabled the request to allow staff and legal to clarify whether the adjoining strip is a city street, alley, or private easement.
Staff presented a waiver request (WB2024-04) for a single-family lot where the West Virginia Division of Highways would not permit a driveway onto West Washington Street, leaving only access from a narrow strip identified on surveys as Baylor Street. "This request is reasonable and only comes about as the division of highways will not permit the placement of a driveway onto West Washington Street," James said, explaining the 1-foot setback reduction sought and the four waiver criteria staff used to evaluate it.
The applicant told the commission he would pave adjacent areas and asked the city to clarify maintenance responsibilities for the unpaved access. The applicant said he planned to pave his apartment-fronting stretches and hoped the city would ‘‘assist’’ with further paving. The applicant said he could not gain West Washington access because the DOH denied it for safety reasons and asked the commission to allow a Baylor Street entrance.
Long-time resident Michael Tolbert urged clarity on whether the 20-foot unpaved strip functions as an official city street or an alley; he said local practice has been inconsistent. "That is not Baylor Street," Tolbert said during public comment, arguing the city must decide whether to maintain or accept responsibility for the strip before the commission approves waivers that rely on it.
Commissioners agreed there were too many unknowns about right-of-way status, utilities and easements and asked staff to consult the city attorney and obtain definitive mapping and ownership information. The planning commission voted to table the waiver to the December meeting pending that research.
