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Commission denies homeowner's request to encroach on stream buffer for pool, citing missing mitigation plan
Summary
The board denied a request to permit a 193.6 sq ft encroachment into a county stream buffer at 2554 Emerald Drive after staff said required mitigation measures were not provided; the denial passed 3-2.
Community Development staff recommended denial of a stream-buffer variance requested at 2554 Emerald Drive in Jonesboro, saying the applicant had failed to submit the mitigation plan required by ordinance for increased impervious area. Director Rolling told the board the application would add roughly 193.6 square feet of impervious surface to the buffer and increase the lot's impervious cover from a typical 10% to about 28.36%.
The contractor, Shane Bailey of Hilltop Pools, and at least one resident testified in favor of the project, arguing the backyard is steep and existing site constraints made alternative designs difficult. Bailey said the applicant had provided multiple layout options and that the contractor had removed an existing tram to accommodate the new pool; he asked the board to reconsider. Director Rolling said staff had received erosion-control measures but not the mitigation plan the variance requires, and therefore recommended denial. The board voted 3-2 to deny the variance.
The denial means the applicant may revise plans to remove encroachment or return with a completed mitigation package and revised design. Commissioners discussed the option of tabling the matter to allow the applicant to provide missing documents, but the board ultimately moved to deny based on staff recommendation.
Next steps: Applicant can submit a revised package with mitigation measures and a design that removes or reduces buffer impacts; staff indicated alternative layouts might avoid the encroachment.
