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Commission recommends denial of spot rezoning to split 2.32‑acre Land Road parcel into two R‑40 lots
Summary
A request to rezone a 2.32‑acre parcel on Land Road from AG to R‑40 to allow splitting into two 1.16‑acre lots (Case 250619) generated public opposition and a commission recommendation to deny; opponents cited the county future land‑use designation 'rural places' and argued the change would set precedent for further fragmentation.
The Cherokee County Planning Commission and County Commission recommended denial of Case 250619, an applicant request to rezone 2.32 acres at 3871 Land Road from AG to R‑40 to split the parcel into two approximately 1.16‑acre lots.
Staff noted the property lies within the county’s rural places character area, which envisions larger, agricultural and estate lots. While staff acknowledged several smaller nonconforming lots exist nearby (some platted decades earlier), staff advised the parcel’s current zoning and the rural character of surrounding properties weigh against spot rezoning.
Applicant Shawn Jorgeson said he purchased the property about a year ago and plans to build a home for his daughter on one lot and sell the other. Jorgeson offered to increase side setbacks or include undisturbed side buffers if that would address commissioners’ concerns.
Multiple neighbors spoke in opposition, stressing Land Road remains an actively agricultural, equestrian and hunting area. Kim Russo, a longtime resident and former Cherokee Tribune reporter, told the commission the community had relied on the county’s land‑use designations: “The people of the community... have taken the county at its word with its comprehensive land use plan that you intend to keep that area agricultural. And we want to hold you to that word.” Other neighbors described hay fields, horse farms, and recreational hunting adjacent to the site and asked that the county preserve the rural character.
After discussion, the planning commission voted to recommend denial of the rezoning request (vote recorded as 7–1). Commissioners said the denial was intended to uphold the rural places designation and avoid precedent that could lead to smaller lot fragmentation in the Clayton/Land Road area.
