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Board approves split-and-rezone plan to create four 1.25-acre lots on Evening Star Avenue
Summary
Commissioners rezoned two undersized agricultural parcels to a Planned Development Project–Rural, allowing them to be split into four 1.25-acre lots; staff supported a 25-foot front-setback deviation after consultation with the county engineer. Public comment raised deed-restriction and septic concerns.
The board approved a rezoning request on Evening Star Avenue that will allow two existing 2.5-acre parcels to be split into four lots of approximately 1.25 acres each.
Development Services staff explained the parcels are legal nonconforming in size but surrounded by similar small agricultural pieces; Planning & Zoning voted 5-0 to recommend a PDP-rural with conditions and staff also recommended approval. Petitioners Brandon Burick and Dream Custom Homes said the proposal anticipates four separate homes and noted they had coordinated with the county engineer on proposed setback reductions; the engineer told staff the previously recommended 50-foot front setback could be reduced to 25 feet based on site design and parking availability.
A neighbor objected, citing deed restrictions, septic/perk limitations and concern about adjacency to livestock. Staff reminded the audience that enforcement of private deed restrictions is a civil matter for contract parties and not enforceable by county government.
The board voted to approve the rezoning and the front-setback reduction as recommended by staff; condition language requires conformity with Department of Public Works recommendations and demonstrates that proposed layouts meet parking and drainage requirements before platting or building permits proceed.
