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Board defers request to keep accessory structure before principal house at Midland Fosterville Road

3777194 · June 12, 2025

Summary

A special-exception request concerning a detached structure that encroaches into a required setback was deferred to allow the applicant to address access-easement and plat questions related to a planned subdivision.

The Board of Zoning Appeals deferred consideration of an application to allow a detached accessory structure to remain on a parcel prior to construction of a principal dwelling at 2903 Midland Fosterville Road.

Staff said the 8.49-acre parcel is being subdivided into two lots: a 1-acre lot that will contain an existing house and a remaining roughly 7-acre remnant where the detached structure sits. The structure encroaches into the required building setback (staff cited the five-foot setback standard) but preceded the proposed subdivision; aerial photos show the structure present as early as 2000 and the subdivision does not increase the degree of encroachment.

Board members raised questions about driveway access and whether an access easement would be recorded, and noted a well house and tree line that affect potential drive placement. No one representing the applicant appeared at the hearing. The board voted to defer the item to the next meeting to allow the applicant to supply additional information for the plat review and to clarify access easement arrangements.

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