TITLE
Consideration of a request for clarification of a building setback in Rosemont subdivision for property adjoining the Corps of Engineers boundary.
ABSTRACT
Action Requested:
Consideration of a request for clarification of a building setback in Rosemont subdivision for property adjoining the Corps of Engineers boundary.
Introduction & Background:
A property owner in the Rosemont subdivision has requested clarification of the building setback requirements adjoining Corps of Engineers property. The subdivision is zoned R-1, Residential and the zoning setbacks are 40’ from the front property line and 25’ from the side and rear property lines. Rosement was approved under the major subdivision review process and a condition of approval was inclusion of voluntary setbacks recommended by the Corps of Engineers.
Discussion & Analysis:
In August 2000, the Chatham County Board of Commissioners approved a sketch plan for Rosemont Subdivision (see attachment #1) and included a condition that reads: “The revised sketch maps and preliminary and final maps shall incorporate the recommendations concerning vegetative buffers and water quality issues as stated in letter dated July 10, 2000 from the Department of the Army Corps of Engineers.” (see attachments #2 and 3) The Corps letter referenced in the condition recommended a “buffer of at least 100 feet of undisturbed vegetation whenever possible” and stated further “that any buffer areas left would be a voluntary measure.” The condition resulted in the inclusion of a 100’ permanent structure setback line on the recorded plat for this phase.
The condition was placed on the approval of a major subdivision application, but is not based on an adopted standard enforced by Chatham County. The only building setbacks enforced through the county’s adopted land use regulations for this subdivision are 40’ from the front property line and 25’ feet from any rear or side property lines as provided in the Zoning Ordinance. After consulting with the County Attorney it has been determined that, although the Board of Commissioners added a condition for a voluntary setback increase, the only enforceable setbacks are those adopted through the Zoning Ordinance.
The property owner has also supplied a letter from the Rosemont Architectural Review Committee granting approval for a reduced setback (attachment #4). An email from Francis Ferrell with the Corps of Engineers has also been provided acknowledging that they do not regulate setbacks beyond their property and only offer advisory information for consideration (attachment #5).
Recommendation:
Approval for staff to proceed with drafting a letter confirming that the minimum setback requirements for Rosemont subdivision are based on the Zoning Ordinance requirements for the R-1, Residential zoning district and sign a plat that accurately shows the county enforceable setback and that may reflect a revision of the 100’ setback by the subdivider and owner, but does not change the configuration of the lot.