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Applicant seeks setback variance for tiny home; neighbors cite safety, septic and utility concerns
Summary
Scott Adams asked the M County Board of Justice to reduce the road setback for a tiny home at 1560 Gravel Branch Road. Neighbors raised safety, septic and power-line easement concerns; the board asked the applicant to return with utility-easement documentation and site photos before making a final decision.
Scott Adams asked the M County Board of Justice to grant a road-setback variance for a shallow lot near 1560 Gravel Branch Road so he can place a permanent tiny home.
Adams told the board he is seeking to change the required setback from the centerline (typically 20 feet minimum from center) to allow placing the structure further back on a parcel constrained by a creek. "I'm wanting to change the... the variance or the offset... because the property is so shallow," Adams said, adding the unit would sit on a permanent slab and that he expects to raise the site about "a foot, foot and a half" of fill to meet floodplain requirements.
Neighbors at the hearing urged caution. Ken of 1587 said egress and the presence of power lines near the road make the site unsuitable for new construction, warning that a future road widening could encroach on the proposed structure. "If the road ever needs to get bigger… his front porch is going to be also need to be attached to the house before you can ever get off the road," Ken said. Brianna Hall (1532) said she worried the home would be dangerous in snow and ice and raised concerns about placing a septic system close to a culvert and flood-prone creek used by local farmers: "I feel like a property being that close to a road is very dangerous." Another resident, Rose (1651), reported she has video of flooding on the parcel.
Board members clarified permitting roles and technical constraints. The board explained that the local health department must approve any new or replacement septic system and that a site evaluation had been completed and preliminarily approved; final approval comes after installation and a follow-up inspection. The board also noted that utility easements are set by the utility company (Bluegrass Energy was cited as an example) and that the county cannot grant relief from an easement. "They're going to not let him build within that easement," a board member said.
Rather than reach a final decision, the board asked the applicant to return with additional documentation. The applicant was advised to secure and provide (1) the utility-easement information from the utility company, (2) photographs showing the property and points where it drops off, and (3) a copy of the health-department site evaluation. The board placed the item under "old business" and indicated it would revisit the matter at the next meeting once the applicant supplies the requested materials.
What happens next: The board recorded a motion and roll call appearing on the record; after the discussion the board instructed the applicant to gather utility and site documentation and said the matter will be heard again under old business at the next meeting.
