Subject:
Title
Waiver of Section 62-102(c), Re: Unpaved Road Agreements to Allow Access Via Paper Right-of-Way to Burkholm Road (District 1)
Applicants: David & Krystal Harris
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Fiscal Impact:
None
Dept/Office:
Planning and Development
Requested Action:
Recommendation
The applicants are seeking the Board's approval of a waiver to Section 62-102(c) to allow them to construct a house on their property (Tax ID 2002139) without: (1) constructing an unpaved road within county right-of-way; (2) providing for the maintenance of said roadway; and (3) agreeing to a proportion share assessment for the paving of the roadway.
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Summary Explanation and Background:
Section 62-102 stipulates that no building permit for a single-family dwelling will be issued by the County unless the property abuts a public maintained road dedicated and accepted for maintenance by the County. Section 62-102(c), Unpaved road agreements, provides that the Board and a property owner whose property abuts a right-of-way (ROW) which is not maintained by the County may enter into an agreement to construct a home that is subject to: (1) the applicant constructing an unpaved road within county right-of-way; (2) providing for the maintenance of said roadway; and (3) agreeing to a proportion share assessment for the paving of the roadway (see Staff Report). The applicant is requesting that the Board allow them to construct a single-family home with the access via an unpaved and unmaintained right-of-way without entering into the required agreement for unpaved roadway construction, maintenance, and paving.
The subject lot has been verified as a non-conforming lot of record consisting of a 2.68-acre flag lot recorded in 1970. The property is approximately 647 feet north of Burkholm Road which is a county-maintained right-of-way, and approximately 130 feet southeast of Wellington Lane, also a county-maintained right-of-way. In 2020, the applicant requested a waiver to build a driveway acro...
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