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DeSoto County Board of Adjustment approves variances, grants 30-year permit for cell tower; denies one request and tables another
Summary
At its Feb. 9 meeting in Hernando, the DeSoto County Board of Adjustment unanimously approved a rear-setback variance to 24 feet, approved a front-yard accessory-building variance with conditions, granted a conditional-use permit for a telecommunications tower for 30 years, denied one variance application and tabled another to March 9.
The DeSoto County Board of Adjustment on Feb. 9 unanimously approved several zoning actions including a reduced rear setback, a conditioned front-yard variance and a 30-year conditional-use permit for a telecommunications tower, and it denied and tabled two other variance requests.
Board of Adjustment Co-Chairman Mike Hancock opened the meeting and the board approved the Jan. 12 minutes. Staff member Mauri Staten outlined the appeals process and deadline, saying appeals must be filed by Feb. 19, 2026, and that any appeals will be heard by the DeSoto County Board of Supervisors on March 16, 2026.
Planning staff member Bennie Hopkins presented the first substantive item: an application by property owner Mike Klappholz (VAR-001915-2025) requesting a reduction of the rear building setback from 40 feet to 24 feet because a pond on the lot constrained development. Klappholz said he subdivided the property to build his daughter a house and that the pond limited placement of structures. Board member Mike Duncan moved to approve the 24-foot rear setback; Cham Babb seconded and the motion passed unanimously.
Hopkins then presented Dustin Doyle’s application (VAR-001916-2026) to place an accessory building in the designated front yard, saying a lake behind Doyle’s house left no reasonable location behind the residence. Doyle told the board the proposed shop would mirror the house and would include electricity and future plumbing. The board discussed how measurements were taken and set conditions to ensure compliance: the structure must meet a 50-foot front setback and be 75 feet from the centerline of the road. Mike Hancock moved to approve the variance with that condition; Cham Babb seconded and the motion passed unanimously.
On a conditional-use application (CU-001663-2025), Hopkins introduced representatives Pat Mahon and Adam McElvin of Baker Donelson/Skyway Towers. McElvin said two nearby towers were overloaded, Verizon had reported dropped calls in the area, and a new proposed subdivision would increase demand for service. The applicants said the Federal Aviation Administration would not require tower lighting. Hancock moved to approve the conditional use as written with stated conditions including an approval period of 30 years (until Feb. 9, 2056); Babb seconded and the motion passed unanimously.
Hopkins presented two remaining variances from applicants who were not present. The board denied Adam Whisenant’s request for an accessory building in the front yard (VAR-001913-2025) after a motion by Duncan and second from Babb; the motion passed unanimously. For Ryan Kerby’s application (VAR-001914-2025), local resident Joe Whitfield spoke in opposition, saying restrictive covenants and developer approval would not allow the building in that location. Hancock clarified that the county does not enforce private restrictive covenants and the board voted to table Kerby’s application until the March 9, 2026 meeting.
The meeting ended with a unanimous motion to adjourn.
Votes at a glance - Approval — Mike Klappholz (VAR-001915-2025): rear setback reduced to 24 feet. Motion: Duncan; Second: Babb; Outcome: approved (3–0). - Approval with conditions — Dustin Doyle (VAR-001916-2026): accessory building in front yard; condition: meet 50-foot front setback and 75-foot distance from road centerline. Motion: Hancock; Second: Babb; Outcome: approved (3–0). - Approval — Baker Donelson / Skyway Towers (CU-001663-2025): conditional use for tower >35 feet; approval period 30 years (through Feb. 9, 2056). Motion: Hancock; Second: Babb; Outcome: approved (3–0). - Denied — Adam Whisenant (VAR-001913-2025): accessory building in front yard; applicant absent. Motion: Duncan; Second: Babb; Outcome: denied (3–0). - Tabled — Ryan Kerby (VAR-001914-2025): accessory building in front yard; neighbor opposition citing restrictive covenants. Motion: Hancock; Second: Babb; Outcome: tabled to Mar. 9, 2026 (3–0).
What happens next Any party wishing to appeal decisions made at the Feb. 9 meeting must file by Feb. 19, 2026; appeals will be heard by the Board of Supervisors on March 16, 2026. The Kerby application will return to the Board of Adjustment on March 9.
