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Commission denies family‑exempt subdivision variance for Smith property; sewer and lot‑size rules cited
Summary
A requested family‑exempt subdivision that would have split an existing parcel into two lots smaller than county minimums was denied because local health/septic rules and subdivision regulations were not met; staff advised options including seeking public sewer or reconfiguring lot lines.
The Planning and Zoning Commission denied a variance request (SV 24‑18) from Paul and Janet Smith to create two separate parcels from one property on Greeno Road where each resulting parcel would be under the Baldwin County minimum lot size for unsewered lots.
Why this matters: county rules tie minimum lot size to availability of public sewer. Staff explained that because the site lacks confirmed public sewer service, the minimum lot size for new lots without sewer is larger; approving the variance would have created lots out of compliance with county subdivision regulations and the health department’s standards for septic systems.
Paul Smith told the commission he and his wife, both in their 80s, wanted to divide the property to leave one dwelling for each of two grandsons. Smith said two rental houses currently sit on the parcel and that each dwelling has its own septic tank. Staff replied that the family‑exempt process can be completed if public sewer is available or if parcel boundaries are reconfigured so each resulting lot meets minimum size requirements; staff recommended denial because the request would create two nonconforming lots under current regulations.
Commissioners denied the variance and staff advised the applicants to either confirm availability of public sewer with the local utility, reconfigure parcel boundaries to produce compliant lot sizes, or wait until sewer service is available; if sewer is nearby and can serve the property, the family‑exempt subdivision could proceed without a variance.
