County planning commission works to settle easement dispute

Published 11:32 am Wednesday, October 27, 2021

Lafayette County Planning Commission approved the conditional use and issued a preliminary plat for a 26-lot, single-family subdivision as private citizens dispute over a land boundary.

The Lott’s Branch Subdivision will be located in a A2 district, designated for single-family homes and farming. Subdivisions are permitted in these districts under conditional use.

A 50-foot buffer zone to surround the future subdivision to provide privacy and protection to both the subdivision’s neighbors and its’ residents is included in the developer’s site plans.

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The issue of a land easement came before the planning commission during a Monday afternoon meeting. An easement gives the individual or entity the legal right to use another person’s land, regardless if the landowner holds the title to the property, the permission to occupy or use the land for their purpose.

The owner of the property bordering the subdivision has a dedicated, metes and bounds easement that stretches across the back of Lot 1 and Lot 2, cutting across what would be backyards of residential lots.

A representative of the land owner said the owner uses the easement as a driveway and is worried for the safety of families, children and animals. The easement’s owner is an additional 20-foot buffer zone or vegetative screen on the north side of their existing easement.

The subdivision owner said they are against the additional buffer and the site plan as is will still give the neighboring owner full access to the path.

The planning commission granted conditional use with the stipulation that the developer cannot change the sizes of the lots, a 50-foot buffer must be placed around the subdivision property and adequate lighting must be placed at the entrance.

However, there are worries over construction of the two lots and future maintenance.

Discussions over the the buffer and development will continue with both owners regarding the buffer will continue.