Commission pulls lot‑split item after neighbors raise deed‑restriction, setback and easement concerns

The commission agreed to remove item 308 from the consent agenda and asked staff and the city attorney to review documentary materials after neighbors and the lot owner offered competing accounts about the proposed division of 1447 Bird Road.

Damian Cardona, who identified himself as the property owner, said he has pursued a lot split for more than a year and that his contractor’s plan proposes a 4,000‑square‑foot house that meets setbacks and does not encroach on utility easements. "I've been very diligent about what the city has asked and what they require," Cardona said, urging the commission to allow the process to move forward.

Neighbors, including Suzanne, said they received plan materials only days earlier and noted that a Duke Energy easement consumes a large portion of the rear of the lot, which they said would make fitting a 4,000‑sq‑ft home with required setbacks impractical. Suzanne added that neighboring lots historically were rural two‑acre estates and warned that allowing splits could create a precedent. "If this lot is split, the lots on either side of him will be split as well," she said.

Commissioners said they did not want to be "half informed" when voting, and the mayor asked for the item to be pulled so staff could examine deed restrictions, plats and related documentation. City staff and the city attorney agreed to review the material and return with a recommendation.

The commission’s action was procedural: the item was removed from the consent agenda and tabled for additional staff research rather than voted on. No formal decision on the lot split was taken that night.