By Alex Bridges -- Daily Staff Writer

WINCHESTER — A divided Frederick County Planning Commission backed a landowner's request she said would let her give about 100 acres of property to her family.

The commission voted 8-5 on Wednesday in favor of recommending that the Board of Supervisors approve a waiver request by Betty Davis for a right of way to gain access to property she plans to subdivide and give to family members. The request would grant a waiver of a subdivision rule requiring a 50-foot shared private driveway to serve the 103 acres.

The property, located north of Harmony Hollow Lane and Northwestern Pike (U.S. 50), in the Gainesboro District, currently is served by a 20-foot right of way. A drawing of the land shows the 103 acres divided into three parcels of nearly equal size.

Some members opposed the request for fear of more homes coming to the property or because they didn't think a road up the steep land would be possible.

Several in favor said the topography likely would make it difficult to build numerous homes on the land.

Gregory Unger, Cordell Watt, Chair-woman June Wilmot, Gary Oates and Charles Triplett voted against the waiver request. Lawrence "Larry" Ambrogi, H. Paige Manuel, Richard Ruckman, Roger Thomas, George Kriz, Rick Ours, Christopher Mohn and Gregory Kerr voted in favor.

A couple of neighbors also opposed the request.

Property owner Betty Davis told commission members she wants to give the property to her grandchildren.

"What can I do with 103 acres if I can go ahead and get it divided and give it to my family while I'm still living?" Davis asked. "This is not for any subdivisions. This 103 acres will still be farmed — cattle — my grandson will do that."

When asked whether approving the waiver could limit the number of homes built on the property, Mark Cheran, county zoning and subdivision administrator, said it was "not impossible" for an owner to built as many as 18 homes on the property.

Dwayne Brown, with Marsh & Legge Land Surveyors, the firm that requested the waiver for Davis, said the other option the owner has to "circumvent the regulations" is to convey one-third undivided interest to her daughter and another one-third to her grandson. Each of the three parties would own one-third of the property and could petition the court to partition the entire 103 acres, which they could do without the commission's say, he said.

"I'm not too sure that after the statement [Brown] made that maybe it would be a good idea, seeing the reaction we're having here from this family, for a court to decide," Triplett said.

Unger questioned why the parcels, if still intended as farmland, wouldn't be divided up into smaller pieces, with the much larger third set aside for agricultural purposes.

"I'd love to see [her grandchildren] be able to live there," Unger said.

The panel should stick to the matter at hand, according to Kerr.

"I think it's important to keep in mind what we're being asked to look at and that is simply to look at a waiver request to enable a family subdivision up to two lots," Kerr said. "Now could it create more lots in the future? Absolutely. That's not what's before us."

The matter will go before the Board of Supervisors on Sept. 24.

* Contact Alex Bridges at abridges@nvdaily.com