Supervisors agree to an access to a subdivision road

After opposing a landowner who wants to connect her two-acre property to Copeland Lane, the Marshall County Board of Supervisors approved a special exception.

The board of supervisors say county ordinances prohibit connecting a property to a platted subdivision road, saying the roads are built for the subdivision residents.

Erika Martin, who purchased two acres from Geraldine Duncan to build a house, has not taken no for an answer.

She wants to create a driveway to connect her property to Copeland Lane, a subdivision road that was built over 30 years ago when developers built Southwest Mt. Pleasant Farms subdivision.

District 5 supervisor Ronnie Joe Bennett said repeatedly that roads built by developers in platted subdivisions are dedicated to the use by homeowners in the subdivision.

There is disagreement on whether roads in platted subdivisions are only for use by residents in the subdivision.

One source has said platted subdivision roads are dedicated to the county for public use forever, with one possible exception, the Planned Urban Development (PUD) in Kirkwood National.

Copeland Lane’s recorded right-of-way at the dead end touches “caddy corner” to Martin’s two acres.

She said she does not have money to build a road to Conner Avenue which is about one-fourth mile in the opposite direction.

Copeland Lane which dead ends, if extended, would run into Conner Avenue at right angles. Both Copeland Lane and Conner Avenue are dead end roads.

Martin said her child would have too far to walk to catch the school bus on Conner Avenue from the house she plans to build near Copeland Lane.

Duncan who sold Martin her two acres has appeared with Martin to lobby for access on Copeland Lane.

Bennett repeated his assertion.

He said, if the board of supervisors approves Martin’s request, other people in similar situations will want to do the same – add a driveway to connect to a platted subdivision road.

He said subdivision roads, built by a developer, are turned over to the county when the subdivision is built to substantial completion.

Duncan said Martin would have to build a road almost a half mile long to connect her new house to Conner Avenue.

Duncan suggested a cul-desac be built to connect to Copeland Lane.

“We are not a developer,” Duncan said. “It’s my land.” District 1 supervisor Charles Terry expressed frustration that the issue has not been resolved.

“This issue is going back and forth,” he said, adding that the property is located in Maxine Dixon’s district.

“I would like to make a motion to do an exception,” said Terry. “She has access through a drive through Copeland. One exception for this house. Give her access. Just to give her access off Copeland with the stipulation no other house is built on that property.”

Martin will have to build her own driveway, Terry said.

“We’ve turned down people before,” Bennett said.

Zoning administrator Ken Jones cautioned the board that the end of Copeland Lane has to be straightened before Martin is given access. “You will get a fight from

landowners on the end,” he said. “They don’t have definition of where their property lines are.” District 3 supervisor Keith Taylor said the board will not stand in the way of Martin connecting her property to Copeland Lane.

“You have to get a legal description,” he cautioned Martin.

Duncan said Copeland Lane was supposed to be to her property line until the road was moved. She owns a 46acre tract of wooded land that has about 60 feet of frontage on Connor Avenue and about 60 feet of frontage on Copeland Lane subdivision.

“Y’all have to go through the legal steps,” Taylor said, adding that other property owners at the end of Copeland Lane may object. “You will have to make sure it is done right.”

Terry restated the county’s position.

“We (the county) did not build the road,” he said. “What we accepted was the plat. I empathize with your situation.”

He said the board is not hindering Martin from access but the board can’t resolve the issues that may arise between Martin’s property and the property lines of residents at the end of the subdivision.