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Council approves tailored setback for Kosan Subdivision to allow a future home site
Summary
The Midway City Council approved a targeted second plat amendment reducing the floodplain setback from 50 to 25 feet only where a future home would be located, plus added findings about unusual slope and required turnaround access; council votes were recorded and the motion carried.
The Midway City Council on Tuesday approved a second plat map amendment for the Kosan Subdivision, allowing a reduced setback from the floodplain at the specific location where a future home is proposed.
Michael (planning staff) told the council the request would keep a 50-foot setback along most of the lot but drop to 25 feet where the proposed house would sit. "So the plot would reflect . . . 50 feet here, 25 here," Michael said, describing staff’s tailored amendment. He emphasized the change is a local setback adjustment and not related to FEMA rules.
Council member (S7) moved to approve the amendment, saying the council should adopt supplemental findings that note an "abnormal amount of slope on this property" and that, under the 50-foot setback, "it would render almost two thirds of the lot unbuildable." The motion also asked staff to include a finding about providing a minimum turnaround for emergency vehicles on the lot. The motion was seconded and the council voted in favor; the chair recorded ayes from multiple members and the motion carried.
Why it matters: Staff said the amendment is narrowly tailored to the location of the future house, rather than a blanket reduction across the entire lot. Council members pressed for extra findings to make clear this is not a broad precedent for other, dissimilar lots.
What happens next: The plat amendment will be recorded as approved and the development will proceed under the amended setback; building permits will be checked for code compliance when submitted, at which time staff will confirm which code (old or new) applies to accessory structures such as a detached garage.
Details and context: Planning staff said the culvert replacement upstream is expected to affect future flood maps and could reduce the designated floodplain on the property within the next two years. Council members asked staff to include slope and unique site conditions in the written findings to limit broad application of the exemption.
