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Council upholds planning commission denial of AR25-03 variance appeal
Summary
The Tupelo City Council affirmed the planning committee's denial of a flexible-variance request for AR25-03 after a property owner and contractor asked for a six-foot setback variance; the council said uniformity and precedent weighed against approval.
Tony Moore, who identified himself as a contractor, asked the Tupelo City Council on May 5 for a six-foot flexible variance on a recently built house to avoid cutting a brick corner off the structure and to reflect an unresolved lot-swap agreement with a neighbor.
Moore told the council he had provided a survey and photographs showing the property lines and said he had attempted to buy the adjacent strip of land but lost contact with the owner before closing. "I was going to pay him for it and swap it," Moore said, and asked the council to grant the variance so the house would not be altered.
Members asked about staking, neighbor contact and how the encroachment occurred; Moore explained excavation and clearing had shifted a survey point and pushed his build closer to the setback line. After brief discussion, a council member moved to affirm the planning committee's denial of the variance; the motion was seconded and carried. The council explained that overturning the committee in this case could create inconsistent precedent for future variance requests.
The council did not provide a roll-call tally in the meeting minutes and did not specify any conditions for future reconsideration. The planning committee's denial therefore stands, and the appellant was told the committee's determination would be upheld.
The council proceeded to other agenda business after the vote.
