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Commissioners deny removal of decade‑old buffer; order replanting after neighbor health and privacy dispute
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Summary
The board denied a property owner’s request to remove a recorded 25‑foot undisturbed buffer at a Lost Mountain subdivision and ordered replanting to county standards after neighbors documented loss of privacy and staff said rules and plats require the buffer; the owner raised medical hardship claims, which commissioners asked arborist to consider when authorizing replacement species.
Angela Richard Eaglin and Victor Eaglin asked the board to remove a 25‑foot undisturbed buffer shown on the subdivision plat, saying the buffer’s presence was not clear at purchase and that dense vegetation caused medical hardship. "We would have never purchased the property had we known we would not be able to do anything with the property," Richard said, adding she suffers chronic sinusitis and allergies.
Neighbors and descendants of prior negotiators told commissioners the buffer was intentionally negotiated decades ago to provide privacy and environmental protection. Several neighbors submitted photos documenting extensive clearing that they said removed long‑standing screening along rear property lines.
Staff and stormwater review opposed elimination. Code enforcement confirmed an officer investigated and found a “significant amount of vegetation” removed from the buffer; planning staff recommended denial and replanting. The board found no credible evidence presented to support permanent removal and voted to deny the request and require the applicant to reestablish the 25‑foot buffer to county standards. The motion requires a staggered double row of 5‑foot minimum evergreen trees plus an evergreen shrub row (24‑inch minimum), with the county arborist working with the applicant to select “allergy‑friendly” species, and sets an April 20, 2026 deadline for replanting.
The board cited the final plat and prior stipulations that defined the undisturbed buffer and stressed removal of an established buffer is extraordinary. Commissioners said reasonable accommodations (species selection and arborist review) could be made for documented medical sensitivity without permanently destroying the buffer.
