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Planning commission recommends R40 rezoning to let homeowner replace a nonconforming house
Summary
The commission unanimously recommended rezoning 0.92 acres at 545 Worley Road from AG to R40 so the owner can demolish an old structurally compromised dwelling and construct a new home set back to current standards.
The Cherokee County Planning Commission voted unanimously to recommend rezoning a 0.92‑acre parcel at 545 Worley Road from agricultural (AG) to R40, enabling the owner to replace an aging, structurally compromised house and move a new single‑family home farther back from the road to meet front‑setback requirements.
Planning staff advised the commission that the lot was created by deed between 2006 and 2008 and is not a legal lot of record under Section 7.3‑1 of the county zoning ordinance because it was created after 1994; however, the existing 1,200‑square‑foot home predates zoning and is a nonconforming grandfathered structure. Staff said the AG front setback is 50 feet and R40 requires a 35‑foot front setback; rezoning to R40 would allow the owner to locate a replacement home to meet current standards. The parcel lies in the rural places character area and is surrounded by AG zoning, though R40 parcels exist nearby in a different character area.
The applicant, who identified himself for the record as Larry Miller, told the commission he wants to "get the old house down where I can rebuild a newer home." Commissioners discussed lot history, the merits of correcting a nonconforming building location, and the limited public interest (no speakers registered in opposition). After discussion a commissioner moved to recommend approval of the R40 zoning and the motion passed unanimously.
The planning commission’s recommendation will be forwarded to the Board of Commissioners for final action; any required permitting and site‑plan review will follow that decision.
