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Greentop Street owner withdraws lot-division request after staff cites ordinance banning new substandard lots
Summary
An owner seeking to divide a Greentop Street lot into two substandard parcels withdrew the application after staff cited Article 3.04 of the county zoning ordinance, which prohibits creating substandard lots; the owner said he will return with a setback-variance request.
Matthew Carmen, a property owner, asked the Board of Zoning Appeals for a variance that would allow him to divide a recorded lot on Greentop Street into two smaller lots that would not meet current R-2 zoning minimums. Carmen said the proposed subdivision would match the existing lot pattern in the neighborhood and argued the change would improve the area’s housing character.
A staff reviewer told the board that, while the parcel is a lot of record, Article 3.04 of the zoning ordinance expressly prohibits reducing a lot of record so that required yards, lot area per family, lot width or other zoning standards are not maintained; that prohibition means the BZA does not have authority to approve creating two new substandard lots. Staff noted that legal nonconforming (grandfathered) lots created before zoning rules remain protected but cannot be split to create additional substandard lots.
After the staff explanation, Carmen said he would withdraw the subdivision application so the board would not need to vote and indicated he planned to return to request a setback variance instead. Staff advised that any future setback-variance request should demonstrate the least relief necessary to achieve the applicant’s goal. No formal approval or denial of the subdivision occurred because the applicant withdrew the request.
Routine business at the meeting included approval of last month’s minutes (motion moved by Mark, seconded by Cicely) and approval of the meeting agenda (motion by Kendra, seconded by Mark); both motions carried. The meeting closed after a motion to adjourn by Kendra, seconded by Mark Presley, which carried.
