The Wilson County Planning Commission voted to approve a site plan for Kanesville at Eastland and granted two variances for cross-access connections, despite staff opposition and questions about whether future zoning code changes would remove one variance requirement.
The commission approved the site plan for a nonresidential development on about 8.35 acres on Kanesville Road and granted two variances relating to required cross-access connections; the applicant had withdrawn a third variance for building materials. The motion passed with seven votes in favor and three opposed.
Charlie Dean, principal at Dean Design Group, who represented the applicant AGJM GP, said the site was generally code-compliant except for the two access variances. He told commissioners that topographic differences made extending the southern connection impractical, saying the neighboring parcel’s elevation is “about between 8 and 10 feet above our property” and that building the connection would “eliminate the reasonable use of land.”
Planning staff had recommended denial of the two variances, arguing the code’s variance standard requires a hardship not created by the property owner. During discussion, staff and commissioners noted that an upcoming rewrite of the city’s street-connection rules would remove the western-connection requirement but would still require a southern connection; under the draft code the location of required connections could be adjusted if infeasible.
One commissioner asked whether a delay would change the need for variances; a planner replied the new code would still require the south connection but would relieve the western connection requirement, meaning one variance would remain necessary under the updated code.
The third variance for building materials had been withdrawn by the applicant before the vote. The motion before the commission was to grant ‘‘both of these variances’’ and approve the plan; the chair called for a vote, which carried 7–3.
Commission discussion included concerns about public-access dedication and the effect of the required roadway on the developer’s usable land; the applicant said the connector would have to be dedicated in an easement and would remove roughly half an acre from usable site area.
The commission’s approval allows the applicant to proceed with plan adjustments to meet code where applicable and to construct the site subject to standard permitting and any conditions set by staff.