Commission sends accessory‑structure conditional‑use permit to council after split vote

The Fairview Planning and Zoning Commission on Dec. 12 recommended that a conditional‑use permit (CUP) request for an additional accessory structure at 1160 Raleigh Mile be forwarded to the town council, with staff recommending approval subject to additional landscaping. The transcript indicates the commission’s vote resulted in a tie and the item will proceed to council for final action.

Israel, planning staff, told the commission the RU‑1 ranch estate code allows two accessory structures totaling 900 square feet but exempts a primary detached three‑car garage of about 800 square feet. Because the property’s existing detached three‑car garage is exempt, the applicant’s proposed additional roughly 1,000‑square‑foot detached garage exceeds the 900‑square‑foot total threshold and triggers the CUP process. Israel said staff’s recommendation included a hedgerow of evergreen shrubs planted on the short side to provide screening.

The applicant, who spoke at the hearing, said they had initially intended a three‑car garage but adjusted plans to a two‑car garage plus storage and shop space; they said a nearby west neighbor is about 10 feet higher and expressed no objection. “He had no problems,” the applicant said, describing the neighbor’s elevation and sight lines.

Several commissioners expressed concern about the reduced side setback — from 30 feet down to about 17 feet. Commissioner 6 said the setback reduction was the primary concern: “That’s my concern,” he said, adding that a much smaller setback could reduce separation between homes and could affect future homeowners’ expectations.

The commission closed the public hearing, moved to a motion and held a recorded vote; Israel later stated the item will be forwarded to council with a tie. The transcript does not provide a full roll call or numeric vote tally. Council will make the final decision on the CUP.