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Planning commission approves conditional use to allow storage shed at 912 South Tinley
Summary
The Brandon Planning and Zoning Commission approved a conditional use permit to let a storage shed be placed in the secondary front-yard setback at 912 South Tinley after the homeowner and developer agreed to work on site improvements; the city noted it does not enforce private covenants.
The Brandon Planning and Zoning Commission approved a conditional use permit Tuesday to allow an accessory storage building in the secondary front-yard setback of a double-frontage lot at 912 South Tinley.
Staff told the commission the lot is in an R2 zone in the Aspen Ridge subdivision and that the code’s accessory-building exception (15-16-2-B-11, exception A.11) allows one accessory building in a second front yard only if a conditional use permit is granted. A resident who said they had just moved into a slab-on-grade home at 912 Salt Lake Avenue told commissioners the builder had told them a 10-by-16 shed would be permitted but did not disclose the lot’s double-frontage restriction.
The resident described steep terrain at the rear of the lot and said the developer had agreed in recent discussions to help with landscaping and site work to make the shed feasible. “When we met with the builder… he said, ‘The city allows a 10 by 16 storage shed,’” the resident said. The resident also said they had not been informed about private covenants restricting accessory buildings and that the developer later indicated a willingness to assist in obtaining a practical solution.
Staff clarified that the city does not enforce private covenants and that any covenant restricting detached storage remains a private contractual matter between the homeowner and developer. Commissioners advised the resident to obtain written confirmation from the developer before proceeding.
After discussion about neighborhood impacts and precedent, a commissioner moved to approve the conditional use permit; Commissioner Tote seconded. The motion carried. The transcript does not record an itemized roll-call tally. The chair told the homeowner, “Go get that shed built,” and encouraged them to secure written permission from the developer and to proceed with landscaping or retaining work needed to place the building.
Next steps: staff noted that private covenants may still prohibit the shed regardless of the city permit and recommended the resident resolve covenant issues with the developer or homeowners’ association in writing before construction.
