BZA approves variance to reduce frontage requirement on State Route 639; land-use tax, traffic concerns raised

The Board of Zoning Appeals approved a variance to cut the required frontage from 300 feet to 100 feet on State Route 639 for the parcel identified as Tax Map 28 Section 10 Parcel 1, after staff said the change would not trigger rollback taxes and members discussed nonconformity and potential traffic hazards.

Planning staff said, "there won't be any rollback taxes because you're not doing a rezoning, you're not doing a change of use." The staff explanation said the lots could remain in a land-use classification if they are at least about 12 acres and maintained under an agricultural use or an open-space agreement, and that remaining in those statuses would meet the land-use requirement described in the staff presentation.

The variance request — recorded in the meeting as BZA-2504 and described in the motion as a request for relief under section 22-4-3(c)(1)(b) of the Planatic County Code — drew discussion about several related issues: whether lots are nonconforming today; whether acquiring adjoining parcels could make lots conforming; and whether allowing the reduced frontage creates a traffic hazard on Longacre Road.

One board member said, "I don't see anything changing in relation to the nonconformity. The nonconformity is there today, and it will be there tomorrow under any of these scenarios," adding that only acquiring an adjoining parcel would make the lot conforming. Another participant warned that giving the owner the frontage option "gives them the chance to create the traffic hazard on Longacre Road," and said a proper road frontage could be achieved only by buying adjacent property.

Board discussion also referenced land-use taxation categories. A meeting participant noted a commonly held threshold for forest land taxation, and staff replied that the land in question would be treated as agricultural or under an open-space agreement if it met acreage minimums; staff also said an open-space agreement typically runs between four and 10 years, per the explanation in the record.

Following the public hearing, a board member moved to approve the appeal as written: "I move that the board of appeals approve BZA 2504, request for variance in section 22-4-3(c)(1)(b) of the Planatic County Code to allow for a reduction in the depth of the frontage from 300 feet to 100 feet on State Route 639 with the condition that the landowner has offered eliminating access to State Route 639 for the parcel identified as Tax Map 28 Section 10 Parcel 1." The motion was seconded and approved by voice vote; the transcript records a voice "Aye" response but does not record an itemized roll-call tally.

After the vote, a board member cautioned that some concerns discussed were beyond the board's scope, noting matters tied to the comprehensive plan and broader land-use policy. A participant identifying himself in the record as a practicing forester thanked citizens for their comments and said he shared some concerns about land use beyond zoning.

The approval includes the condition recorded in the motion that the landowner will eliminate direct access to State Route 639 for the identified parcel. The transcript does not record further implementation steps or a timeline for the condition.

Documents and administrative references for the action in the meeting record include the motion language and the cited Planatic County Code section; no other statutory citations or funding details were provided.