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Commission requires deed restriction barring structures for 0.3798‑acre lot split on Schwartz Road
Summary
The Planning Commission approved a 0.3798‑acre lot split at 31602 Schwartz Road contingent on final engineering and the recording of a deed restriction prohibiting structures on the parcel, reinstating the same restriction applied to nearby lots in 2008.
The Avon Planning Commission voted May 20 to approve a lot split that will create a new 0.3798‑acre parcel from an existing 2.0495‑acre parcel at 31602 Schwartz Road, contingent upon final engineering approval and the recording of a deed restriction prohibiting structures on the new parcel.
Law Director John Gasior provided historical context and read the deed restriction language into the record: "Except for a fence constructed on boundaries of the property, there shall be no structures constructed or placed on or upon the property. Structures shall include, but not be limited to, a dwelling house, a garage, a barn, a swimming pool, whether above or in ground, a playground, or any other type of outbuilding equipment or apparatus." City Engineer Ryan Cummins confirmed the survey resubmission was under review and asked that approval be contingent on final engineering; the Commission agreed.
Applicant representative Ben McMillon said he did not want to create problems for neighbors and accepted the restriction; the Commission approved the split unanimously. The Zoning Enforcement Officer will notify residents of identified unpermitted structures and of the deed restriction requirement.
