? 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 / Southwest Land Developers (DeSoto Sand & Fill) VAR-0004-2025
body
REQUESTED MOTION:
A motion to approve/deny the request for multiple variances for DeSoto Sand & Fill.
SUMMARY:
An application for a Special Exception was received in the Development Department on November 6, 2023. The applicant was cited by Code Enforcement on June 25, 2024. However, the applicant has proposed improvements that are inconsistent with the current LDRs. Southwest Land Developers, the property owner, and Morris Engineering & Consulting, LLC, the agent, have proposed variances which would allow the resumption of excavation operations at the subject property, which has an expired site plan/permit
The applicant has requested a variance to allow an existing, now non-conforming, 95.92-acre Type IV excavation site to add an additional excavation area. The existing excavation does not meet the required setbacks in Section 20-1007 of the LDR and has requested variances for these setbacks in addition to requesting variances from other requirements in Section 20-1007. The list of variances requested for the site is as follows:
* Sec. 20-998(d)(1)d - General provisions; Applicability/exemptions; Special exception maximum (Type IV application)
* Sec. 20-1007(b) - Excavation setbacks
* Sec. 20-1007(j) - Maximum size
* Sec. 20-1007(n) - Road improvements
* Sec. 20-1007(h) - Entrance/access improvements
The applicant provided a Narrative citing specific regulations in the LDRs and justifications for the variance request.
BACKGROUND:
The Narrative provides some history of the excavation operation, which began in 2004 with all required local and State permits in place. Additional research shows that Excavation Permit 2004-02 was approved on April 27, 2004, f...
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