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Commission denies variance request to allow second dwelling on 1.13-acre lot, citing no demonstrated hardship
Summary
Stephens County planning commissioners voted May 5 to deny a variance sought by Richard Anderson to retain two residential structures on a 1.13-acre parcel, with staff citing county code and commissioners saying approving the variance would set an undesirable precedent.
Stephens County planning commissioners on May 5 denied a variance request from Richard Anderson that would have allowed a second residential structure on a 1.13-acre parcel at 1166 North Red Rock Road.
Staff told the commission the parcel (Parcel 051A07) is zoned Residential Single and county code (sections 59-801 and 59-803) generally permits single-family residential development and establishes minimum-lot-size and density rules; under current code, multiple dwelling units on one parcel are not permitted without meeting the two-acre minimum. Staff recommended denying the variance because the lot does not meet the minimum acreage requirements and approval would introduce an intensity not permitted by code.
During discussion, commissioners noted the property currently has two mobile homes and debated whether either structure met habitability or condemnation criteria. One commissioner stated, "No hardships," as part of the exchange about the variance applicant’s circumstances; others expressed concern that approving the request would set a precedent. Commissioners referenced the county's nonconforming-use rules, which allow continuation of certain nonconforming uses subject to strict requirements (for example, replacement structures must match existing footprints), and said the applicant had not demonstrated the specific hardship the code requires for a variance.
After discussion, a commissioner moved to deny the variance, a second was recorded, and the commission voted to deny the request.
Why it matters: The denial enforces the county's minimum-lot-size and density rules and signals caution among commissioners about using variances to alter residential density in single-family districts. The decision may affect how aging or substandard dwellings are addressed when property owners seek to replace or retain multiple structures on small parcels.
What happens next: The denial prevents the applicant from maintaining two dwellings on the 1.13-acre parcel under the requested variance; any future attempt to pursue multiple dwellings would require either a code change, demonstration of a qualifying hardship, or compliance with the county's nonconforming-use provisions.
Source: Staff presentation and commissioner discussion at the May 5 Stephens County Planning Commission meeting.
