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Planning commission denies rezoning to split Land Road parcel after neighborhood opposition
Summary
The commission voted 7-1 to deny a request to rezone a 2.32‑acre parcel on Land Road from agricultural to R‑40 so the owner could split it into two 1.16‑acre lots. Neighbors said the change contradicts the rural places character area and urged the commission to uphold the land use plan.
The Cherokee County Planning Commission voted 7‑1 to deny a request to rezone a 2.32‑acre parcel on Land Road from agricultural (AG) to R‑40 to allow subdivision into two 1.16‑acre lots.
What was proposed: The applicant, who said the plan would create two lots and build one home for a family member while selling the other, submitted soil testing that indicated septic systems would be feasible for the parcels and said water service is available from the City of Wolosko. The applicant offered to increase side setbacks so houses would be centered on the lots if that would address community concerns.
Resident opposition: Five neighbors and adjacent landowners spoke in opposition, citing the county’s Rural Places character designation and Article 7 District Uses and Regulations. Speakers described active agricultural uses near the site — hay fields, horse farms, animal husbandry and hunting leases — and said spot rezoning would establish a precedent that would erode the community’s rural character. Kim Russo, a Clayton community resident, told the commissioners she had preserved land so her daughter could return to the family home and added, "I purchased enough land for her to do that. I'm not asking for any variances." Other neighbors described long family ties to the area and urged the commission to maintain the land‑use plan.
Commission discussion: Commissioners said the proposed split mirrored a pattern they did not want to encourage and expressed concern about creating a precedent that would encourage further parcel‑by‑parcel downzoning in the Clayton community. One commissioner noted that similar small lots exist nearby but said allowing the change here would trigger a cascade of requests.
Outcome and next steps: A motion to deny the rezoning passed 7‑1. The recommendation will be reflected in the planning record and forwarded to the Board of Commissioners; the applicant may revise the request, pursue a different zoning classification, or withdraw.
