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11 <br /> Attachment 5 <br /> Resolution # RES-2024-015 <br /> ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS <br /> A RESOLUTION TO ALLOW FOR A 25-FOOT RIGHT OF WAY FOR THE TYPE B <br /> PRIVATE ROAD "ROY COOPER LANE" <br /> WHEREAS, Wheelis Building Company is proposing a Minor Subdivision of the <br /> unaddressed property with PIN 9858-92-4952 and is petitioning for an allowance of a 25- <br /> foot right of way; and <br /> WHEREAS, the property is currently served by a private driveway easement named "Roy <br /> Cooper Lane"; and <br /> WHEREAS, Roy Cooper Lane's was dedicated May 27, 1969, as a 25-foot wide private <br /> access easement to this property and the property with PIN 9858934206; and <br /> WHEREAS, Orange County Unified Development Ordinance Section 7.8.5(D)(12)(b) <br /> allows for the Board of County Commissioners to allow, upon request, for private road <br /> rights of way narrower than 50 feet, but "[i]n no case shall a right of way of less than 25- <br /> feet in width be approved"; and <br /> WHEREAS, Section 7.8.5(A) of the Orange County Unified Development Ordinance <br /> (UDO) requires that private roads be approved only when the "'benefits' outweigh the <br /> negative aspects"; and <br /> WHEREAS, there is a benefit in precluding unnecessary land disturbance which exceeds <br /> any benefit in consistency of road widths; and <br /> WHEREAS, UDO Section 7.8.5(A) also requires that private roads "...be justified by the <br /> particular lot arrangement and benefits provided by each development"; and <br /> WHEREAS, the lots have existed for some time now and receive all necessary benefits <br /> from the road; and <br /> WHEREAS, UDO Section 7.8.5(B)'s General Requirements requires that private roads <br /> "serve lots within subdivisions that do not have access to state-maintained roads" and <br /> provide "private adequate access for residents and emergency vehicles"; and <br /> WHEREAS, Roy Cooper Lane terminates approximately 110 feet north of this property <br /> and currently provides all existing lots with residential and emergency access services; <br /> and <br /> WHEREAS, the road and subdivision have both been reviewed and approved by the <br /> Orange County Development Advisory Committee, in accordance with UDO Sections 1.9 <br />