Cherokee County approves variances for animal cremation and memorial garden site, overturning ZBA denials

The Cherokee County Board of Commissioners unanimously approved a set of stipulations on March 4 that overturn portions of a Zoning Board of Appeals decision for Case 2041051, allowing variances for a proposed animal cremation facility and memorial garden along Highway 92.

The board adopted a document presented at the meeting that grants several variances and attaches conditions, including a required 50-foot undisturbed buffer along the rear property line, limits on burial or spreading of animal remains or ashes on the site, and designation of a rear gravel parking area for staff use only. Commissioner Ragsdale moved to adopt the stipulations; Commissioner Carter seconded, and the motion carried unanimously.

Planning staff described the requested variances, which included reducing required 50-foot buffers adjacent to residentially zoned properties to 10 feet along portions of the site, allowing certain encroachments within buffer areas subject to replanting, permitting a curb cut for a new parking area within a 10-foot buffer, and removing the requirement for a continuous three-rail white fence along the entire Highway 92 frontage in locations identified on the submitted exhibits. The Zoning Board of Appeals had approved some encroachments and other requests but denied the fence and overstory tree reduction requests; the board’s action replaces that partial denial with the newly adopted conditions.

The site plan shown to the board locates memorial gardens to the rear of the property, retains existing trees where possible, and shows an expanded parking area in the front. The applicant proffered maintaining a 50-foot buffer along the southern property line while seeking the 10-foot side-buffer variances. The stipulations allow a single-story accessory shed up to 200 square feet within the buffer area only if it has no vehicular access and is used for business purposes; if structural encroachments within the buffer are removed, the applicant must replant disturbed areas.

Other approvals in the stipulations include allowing the site to exceed an overlay parking maximum from 36 to 40 spaces and an alternative to the overstory-tree standard along Highway 92 that requires planting a minimum of two overstory trees within the landscape strip shown on the frontage exhibit. Conditions attached to approval include installation of fencing and landscaping consistent with the frontage elevation, the 50-foot rear undisturbed buffer, and a prohibition on burying animal remains or spreading ash remains on the property.

The board discussion noted the document reflected compromises between the applicant and neighbors. After discussion, the board voted to adopt the presented document; the chairman called the question and the motion passed with all commissioners voting in favor.

The board’s action replaces the Zoning Board of Appeals’ earlier partial denials with the conditions approved by the Commission and allows the applicant to proceed under the adopted variances and stipulations.