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Staff Recommendation

Approve the variance to allow the creation of one additional lot on an existing access easement without meeting the requirements of Subdivision Regulations Section 3.03.C, based on the following evidence of hardship:

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1. The existing access easement serves eight parcels under different ownership that are not involved in the proposed subdivision. The homes on Lots 1 and 2 have existed for over 30 years and both homes have used the existing access easement (Beechtop Way) during this time. The topography to the rear prevents establishing access to Lot 2 via the access easement connecting to Lifford Ln.
2. The property owner does not own the other lots which utilize the existing easement. The access easement exists by deeds dating back over 30 years, but a maintenance agreement for the Beechtop Way was never recorded.
3. The access easement and two homes are pre-existing, and the variance allows the homes to be on separate lots to they can be sold independently of each other. The traffic pattern is established, so there are not changes that would cause any detrimental additional impact to health and safety.

Approve the final plat for three lots in the A district.

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BACKGROUND:
The proposed three lot subdivision is for a parcel with two existing homes on Beechtop Way, an existing 25 ft access easement that serves eight parcels and 12 dwellings. The access easement does not have a recorded maintenance agreement, but it is referenced in a deed dated March 25, 1991, which was recorded in 1996 (Instrument 199607160038564). The proposed subdivision is intended to allow each existing home on Beechtop Way to be on its own lot while the third lot will be served by an existing 25 ft access easement that connects to Lifford Ln. Establishing an alternative means of access to Lot 2 through proposed Lot 3 is not possible due to steep topography.

VARIANCE FROM SUBDIVISION REGULATIONS, ARTICLE 3.03, ACCESS STANDARDS, SUBSECTION C:
Section 3.03.C of the Subdivision Regulations (Access Easement) states an access easement shall serve a maximum of five lots. However, for residential properties, an access easement shall serve single-family, duplex, or townhouse lots only, provided it serves no more than 10 dwelling units. Additionally, a maintenance agreement shall be created in accordance with Section 3.03.G.

The proposal is to add one additional lot to the access easement, for a total of nine parcels and 12 dwelling units, which exceeds the permitted maximums. The existing lots are single family residences. The A zone permits single-family homes by right. No legal document to establish maintenance of the easement was recorded, and access is granted solely via deeds and prescriptive rights. Therefore, a variance will be required to approve the plat for the addition of a lot to Beechtop Way without requiring it to meet the standards of Section 3.03.C.