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Commission denies permit for new construction because parcel is under 5-acre minimum; applicant directed to Board of Adjustment
Summary
Planning and zoning commissioners denied a permit application after finding the parcel did not meet the town's five-acre minimum for the proposed use. Commissioners said the applicant may seek a variance from the Board of Adjustment and provided instructions for appeal paperwork.
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The Trenton Planning and Zoning Commission voted to deny a construction application after staff and commissioners determined the parcel did not meet the town's five-acre minimum required for the proposed use.
Commission discussion established that the applicable zoning requires a minimum lot area of five acres for the type of building proposed. Staff told the commission the lot was smaller than that requirement and therefore out of compliance. Commissioners and staff discussed the variance process, noting that the Board of Adjustment considers hardship claims and that variances are granted only where strict criteria are met.
One commissioner moved to deny the permit based on acreage requirements; the motion was seconded and carried with no recorded opposition. Commissioners advised the applicant that an appeal may be filed with the Board of Adjustment and walked the applicant through the next steps: submit the town's denial-to-Board-of-Adjustment application and meet with staff to complete the form. Staff noted that the Board of Adjustment meets on an as-needed basis and that there is an application process for requesting review.
Commissioners also noted related compliance issues on the parcel: staff reported there is an accessory structure (a hay shed) with occupancy concerns and that a certificate of occupancy for a dwelling on the property had not been issued by the county. Commissioners instructed staff to provide the applicant with the paperwork needed for an appeal and to document outstanding compliance matters.
