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Planning commission recommends approval for Lummis subdivision from AG to R40 to create two family lots
Summary
The commission recommended approval to rezone 0.51 acres from AG to R40 so the owner can subdivide a 2.04‑acre tract into two approximately 1.02‑acre family lots; vote was unanimous.
The Cherokee County Planning Commission recommended approval of a rezoning request to convert 0.51 acres of AG zoning to R40 to allow a landowner to subdivide a 2.04‑acre tract on Arbor Hill Road into two roughly 1.02‑acre residential lots for family transfer.
Planning staff explained the parcel is currently a split‑zoned tract with R40 and AG designations and contains two existing residences and accessory structures. Because a portion of the parcel is zoned AG, a legacy‑lot split would not be permitted; the applicant therefore requested rezoning of the AG portion to R40 so each home could be placed on an individual conforming lot. The staff report noted water is available to the site via an 8‑inch line and recommended approval could be appropriate because the rezoning would resolve an existing nonconforming situation and yield lot sizes consistent with adjacent R40 properties.
Applicant remarks: Aletha Lummis, speaking for her mother Diane Lummis, said the subdivision is intended to allow the owner to bequeath property to family members and that no new structures are proposed. Staff noted one small shed encroaching on a proposed new property line would either need to be removed or relocated at least 10 feet from the new lot line if the shed were to remain.
Commission action and rationale: Commissioners described the request as straightforward and likely to bring a nonconforming parcel into conformance. A motion to recommend approval passed unanimously. The recommendation will be forwarded to the Cherokee County Commission for final action.
