☐ Consent Agenda ☒Quasi-Judicial Public Hearing
☐ Regular Business 5:30 pm
☐ Public Hearing Resolution
DEPARTMENT: Planning & Zoning
SUBMITTED BY: Laura McClelland
PRESENTED BY: Misty Servia
TITLE & DESCRIPTION:
title
Resolution / John and Pauline Lipe / VAR-0003-2024
body
REQUESTED MOTION:
A motion to approve/deny the request for a variance to John and Pauline Lipe.
SUMMARY:
John W. Lipe and Pauline E. Lipe, the property owners and applicants, request a variance to reduce the minimum lot size in the A-10 zoning district from 10-acres to 2.5-acres.
BACKGROUND:
The Desoto County (“County”) Comprehensive Plan has one future land use category that recognizes the agricultural and rural areas of the County. The category is Rural/Agriculture and Objective 1.3 describes the intent of these area as:
“The intent of the Rural Land Use Category is primarily agricultural, pastoral, and rural residential development. This district is designed to accommodate traditional agricultural uses and conservatory measures, where appropriate, while protecting the rural areas of the County. The intent of this category is to permit a reasonable use of the property, at a gross density of no more than one dwelling per ten (10) acres, unless the underlying zoning and/or recorded parcel configuration would allow a greater density. In no case would the density created by zoning exceed 1 unit per 5 acres. At the same time, the intent is to prevent the creation of conditions, which would endanger, damage, or destroy the agricultural base of the County, the environmental resources of the County, the potable water supply and the wild life resources. The first priority of this category is agricultural use.”
The Comprehensive Plan language provides an exception to the minimum gross density of 1 dwelling per 10-acres for properties previously zoned A-5 (Agriculture-5) or platted (prior to adoption of the 2007 Plan) as a way to recognize the legal non-conformity. The A-5 zoning district became inactive with adoption of the 2007 Comprehensive Plan, as the Rural/Agriculture Future Land Use Category is the only category that prioritizes agricultural uses.
The applicant owns other land located to the north, south and east of the 32.5 acre parent parcel and submitted a narrative explaining that the land has been in the family since 1959 and used for agriculture (cattle, hay, sod, seed and watermelon farming).
The applicant inherited the land from their parents. More than 20-years ago, three other children were each given 2.5 acres to build their homes adjacent to the subject site.