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Board of Zoning Appeals approves accessory apartment, fence and lot‑size variances in Mulberry
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Summary
The Board of Zoning Appeals unanimously approved three variances affecting Mulberry properties: an accessory apartment with a presby (mound) septic system, a 6‑foot privacy fence at 122 West Perrin Street (subject to a survey and telecommunications easement conditions), and lot‑size variances for four Fred 47 LLC parcels tied to a pending Mulberry rezoning.
The Board of Zoning Appeals voted unanimously to approve three zoning variances that will allow an accessory apartment, a six‑foot privacy fence and lot‑size changes for four parcels in Mulberry.
A staff member told the board the previously continued accessory‑apartment request was held up by septic concerns but that the health department approved specifications calling for a presby (mound) system. "Health department's on board with it," the staff member said, and staff recommended approval so the applicant may pursue a septic permit and subsequent building permits.
The board then granted a variance to allow a 6‑foot wooden privacy fence at 122 West Perrin Street to be sited at the lot line instead of the standard 15‑foot front setback. Staff described the lot as a typical corner parcel and said placing the fence where requested would not obstruct sight lines. Mulberry Telecommunications had submitted a letter noting a 10‑by‑10 easement and a buried hand hole on the property; staff recommended, and the board adopted, a condition that the applicant must comply with Mulberry Telecommunications' easement requirements and that a surveyor mark the road right‑of‑way before installation.
The board also approved lot‑size variances for four parcels owned by Fred 47 LLC that are currently zoned light industrial but for which the applicant seeks relief to create approximately 8,600‑square‑foot residential lots (the town's minimum is 10,000 square feet). Staff explained the parcels are original plat lots and that the Mulberry Town Council had given a favorable recommendation for rezoning to residential; staff recommended approving the variances subject to the rezoning. Judith Hansell, identified in letters read into the record as a longtime owner of an adjoining lot, wrote that she opposed reducing required lot size and opposed the rezoning, saying utilities may be lacking and that she preferred light business uses near her property.
Votes at a glance: application CCDash2026Dash0009 (docket 11Dash26DashSE) — motion to approve carried (mover: Grant Waller; second: Chester Bencus); recorded vote: Andy Bailey, Grant Waller, Stacy Pedigo, Scott Hudson and Chester Bencus — all "yes." Application CCDash2026Dash00178 (docket 12Dash26DashVA) — fence variance approved with conditions (surveyor marking and compliance with telecommunications easement); recorded unanimous vote. Application CCDash2026Dash00189 (docket 13Dash26DashBA) — lot‑size variances approved, with staff noting the variance is most appropriate if Mulberry's rezoning to R‑3 is granted by the town council; recorded unanimous vote.
Staff instructed applicants on next steps: the accessory‑apartment applicant should coordinate with the health department for septic permitting; the fence applicant must have the property line surveyed and follow the telecommunications easement conditions; and Fred 47 LLC will await Mulberry's rezoning decision (scheduled by staff to be considered May 6), which staff said should determine whether the variance remains appropriate. The board closed the items without further continuance.
