☐ Consent Agenda ☒Quasi-Judicial Public Hearing
☐ Regular Business 5:30 pm
☐ Public Hearing Resolution
DEPARTMENT: Planning & Zoning
SUBMITTED BY: Tara Wilson
PRESENTED BY: John Osborne
TITLE & DESCRIPTION:
title
Resolution / Chapman Family Partnership, LLP / VAR-0006-2025
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REQUESTED MOTION:
A motion to approve/deny the request for a variance for Chapman Family Partnership, LLP
SUMMARY:
The applicant has requested a variance to allow for a 75-foot setback from the north property line and a 203-foot setback from the west property line, where a 300-foot setback is required for each within a Type IV excavation, with Special Exception (USE-0068-2021) and Preliminary Type IV excavation (USE-0067-2021) approval (Res. 2023-27). The proposed stockpile area and proposed recharge ditches do not meet the required setbacks in Section 20-1007(b) of the LDR and the applicant has requested a variance from the following code provision:
• Sec. 20-1007(b)(1) - 300 feet from any property line
The applicant provided a Narrative citing specific regulations in the LDRs and justifications for the variance request.
BACKGROUND:
A Special Exception and Preliminary Type IV Excavation applications (USE-0067-2021 and USE-0068-2021) were approved with conditions by the DeSoto County Board of County Commissioners on February 28, 2023 (Resolution 2023-027) for a 20-acre excavation area on the 160-acre site. One of the conditions required that the Final Construction plan to illustrate required setbacks consistent with Sec. 20-1007.
Thereafter, an application for the Final Excavation Plans (Improvement Plan) to implement the preliminary Type IV Excavation approval (USE-0067-2021) was received in the Development Department on March 10, 2023, for a proposed excavation on 160 acres with a 35.6-acre project area and a 20-acre excavation.
Chapman Family Partnership, LLLP, the property owner, has proposed a variance which would permit the development of the Type IV excavation with the recharge ditch and stockpile locations in accordance with the plans encroaching into the 300-foot setback from the west property line. The proposed stockpile area is located directly to the north of the northern edge of the proposed excavation area, which encroaches into the 300-foot setback from the north property line.
The site contains 2 existing lakes (20 acres and 15 acres) that have been identified in previous applications to be SWFWMD FARMS (Facilitating Agricultural Resource Management Systems) projects. The applicant states that these lakes were excavated over 20 years ago. The existing lakes are located within the 300’ setback. The existing access to the site, which runs between the northern edge of the existing lake and the northern property line, leads to the proposed scales and scalehouse.