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9 <br /> Relocate the proposed joint driveway to the common boundary line of Tracts 1 and 2 and <br /> record a joint driveway agreement. Ms. Chappell may create a joint driveway at the centerline of <br /> the new lot and the lot upon which her residence is located, and then close her current <br /> residence's driveway with this option. <br /> Geof Gledhill said that Planning staff has approved this subdivision with the certain <br /> driveway configurations. That is the decision that is being appealed. The applicant has <br /> appealed the approval of the subdivision with the conditions of approval that are part of the <br /> subdivision approval. The Board's options are to affirm the approval of the subdivision with the <br /> conditions, deny the applicant as submitted, or to approve the subdivision with some other <br /> conditions related to road access. <br /> PUBLIC COMMENT: <br /> Mike Parker is the attorney representing Diane Chappell. He gave some history. The <br /> Yeargan family has owned this property since 1903. Her parents had deeded this property to her <br /> and her husband in the mid-70's and they built their house on it and have lived there for 30+ <br /> years. When her mother passed away in 1989, the will divided the property to her and her two <br /> brothers, with the provision that the property that was previously given in the 70's would be <br /> counted against her share of the property. Ms. Chappell's intention is to get her parcel out <br /> because her brothers have a contract to sell their parcel. He commended the Planning staff for <br /> being so considerate during this process. <br /> He clarified page 2 of the abstract regarding the old farm road. He distributed some <br /> pictures of this road. He said that there is an existing culvert and driveway connection there. He <br /> explained the problems with the three options. Option 3 would require Ms. Chappell to access <br /> her Lot 2 from the common driveway, and the perspective purchaser of Lot 1 has indicated that <br /> he would expect Ms. Chappell to share in the maintenance cost of that driveway and also for the <br /> construction cost of that driveway. Also, her lot would be subject to restrictive covenants put on <br /> the proposed subdivision of Lot 1. Options 1 and 2 would ultimately require Ms. Chappell to <br /> burden her existing property with an easement to provide access to Lot 2. This will reduce the <br /> value of her existing property. He thinks that this will lessen the value of Lot 2 because it will not <br /> have direct access to Whitfield Road. He said that this is a very unique situation created by the <br /> fact that DOT has put a driveway in here and it has been there for close to 50 years. He thinks <br /> that this makes an exception possible in this case. <br /> Commissioner Gordon said that she does not understand the argument about the <br /> driveway being there for 50 years, because it has not been used. Mike Parker said that it is not a <br /> new driveway, but the culvert is there. He thinks that it makes a difference. <br /> Robert Davis said that for a joint driveway, there would have to be the standard width. <br /> Commissioner Nelson said that the staff recommendation could have been written <br /> clearer. <br /> A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to <br /> approve the Yeargan Estate minor subdivision application with Driveway Option 1, subject to all <br /> those conditions included in the attached January 9, 2008 letter of approval from the Planning <br /> staff. <br /> Chair Jacobs said that he would feel comfortable giving the applicant any one of the three <br /> options. <br />