Board of Adjustment

Summary

Meeting Overview

The Board of Adjustment convened on July 13, 2020, at 1:30 PM via video teleconference, with Branden Gross presiding as the meeting officer. The board addressed three variance appeals during the session, taking a total of three votes on the matters presented. The meeting focused exclusively on variance requests from property owners seeking relief from local zoning requirements.

Of the three variance appeals considered, the board approved one request from Thomas D. and Christina Aurora Parrish while denying two others submitted by Ogden Hilliard and Joshua Cameron Marcum. No public comments were received during the meeting, and no separate presentations were given beyond the standard case presentations for each variance appeal. The meeting was conducted entirely through video teleconference, reflecting the remote meeting protocols in place during 2020.

Attendance

The following members were present at the meeting on July 13, 2020:

• Branden Gross
• Raquel Carter
• Thomas Glover
• Harry Clarke
• Chad Walker
• Chad Needham
• Joan Whitman

Joan Whitman arrived late to the meeting.

No members were recorded as absent from this meeting.

Votes and Decisions

The board considered three variance applications during the meeting, with mixed results.

PLN-BOA-20-00029 - Thomas Glover motioned to approve a variance for Thomas D. and Christina Aurora Parrish to increase the allowable floor area ratio (FAR) from 0.35 to 0.50, seconded by Harry Clarke 1:20:00. The motion passed unanimously with all seven members voting in favor: Branden Gross, Raquel Carter, Thomas Glover, Harry Clarke, Chad Walker, Chad Needham, and Joan Whitman. The approval includes conditions requiring construction to be in accordance with submitted application materials and a revised site plan reflecting the 0.50 FAR variance, with all necessary permits and approvals obtained from the Division of Building Inspection prior to construction and occupancy.

PLN-BOA-20-00028 - Thomas Glover motioned to approve a variance for Ogden Hilliard to reduce the required side street side yard setback from 30 feet to 10 feet, seconded by Joan Whitman 2:30:00. The motion failed on a 5-2 roll call vote. Members voting in favor were Branden Gross, Raquel Carter, Thomas Glover, Harry Clarke, and Joan Whitman. Chad Needham and Chad Walker voted against the variance.

PLN-BOA-20-00026 - Harry Clarke motioned regarding a variance for Joshua Cameron Marcum to increase the allowable height of a fence from 4 feet to 6 feet, seconded by Chad Needham 3:10:00. Despite receiving unanimous support from all seven board members (Branden Gross, Raquel Carter, Thomas Glover, Harry Clarke, Chad Walker, Chad Needham, and Joan Whitman), the motion failed. No conditions were attached to this application.

Appointments

The meeting included one appointment action during the proceedings.

Harry Clarke was appointed to the Landscape Review Committee. The appointment was approved as part of the meeting's business.

*Note: Specific transcript timestamps are not available for this appointment action.*

Contested Items

The meeting featured one contested item that resulted in a split vote among board members.

Variance for Ogden Hilliard

The primary point of contention involved a variance request from Ogden Hilliard to reduce the side street side yard setback requirements. This proposal generated significant debate among board members, ultimately resulting in a 5-2 vote to deny the request.

The disagreement centered on two key considerations: maintaining neighborhood character and ensuring consistency with existing setback requirements. Board members who opposed the variance expressed concerns about how the reduced setback might impact the established character of the surrounding neighborhood. They argued that maintaining consistent setback standards was important for preserving the area's aesthetic and structural integrity.

The split nature of the vote—with five members voting against and two in favor—demonstrates that the decision was not unanimous and reflected genuine differences of opinion among the board regarding the appropriateness of granting this particular variance.

The denial of Ogden Hilliard's variance request means that any development or construction on the property must comply with the standard side street side yard setback requirements as established in the local zoning ordinances. This outcome preserves the existing setback standards for the area while reflecting the board's majority position on maintaining neighborhood consistency over individual property development flexibility.

Variance Appeal for Thomas D. and Christina Aurora Parrish

1:20:00

The board considered agenda item III.C.1, a variance request from Thomas D. and Christina Aurora Parrish to increase the allowable floor area ratio (FAR) from the current limit of 0.35 to 0.52 for their single-family residence. The variance would permit the construction of an addition to their existing home.

Key speakers during the discussion included Thomas Glover and Harry Clarke, who presented details regarding the proposed variance and the property in question.

Staff had reviewed the application and recommended approval of a modified variance that would allow an FAR of 0.50 rather than the full 0.52 requested by the applicants. This staff recommendation represented a compromise between the current zoning limitation and the homeowners' original request.

The board ultimately approved the variance appeal, allowing the Parrish family to proceed with their planned residential addition under the modified terms.

Variance Appeal for Ogden Hilliard

2:30:00

The board considered agenda item III.C.2, a variance appeal for Ogden Hilliard requesting to reduce the required side street side yard setback from 30 feet to 10 feet. The variance would allow construction of a new attached garage and covered patio on the property.

Staff had recommended disapproval of the variance request prior to the meeting. Thomas Glover and Joan Whitman served as key speakers during the discussion of this item.

The variance request sought a significant reduction in the setback requirement, asking to reduce the mandatory 30-foot side street setback by two-thirds to just 10 feet. This substantial deviation from the standard zoning requirements would have allowed the proposed garage and patio construction to proceed much closer to the side street property line than normally permitted.

Following discussion of the merits of the variance request and consideration of the staff recommendation against approval, the board ultimately denied the variance appeal. The denial means the property owner cannot proceed with the proposed attached garage and covered patio construction as originally planned, and would need to either redesign the project to comply with the 30-foot setback requirement or pursue alternative options for the property improvements.

The board's decision to deny the variance aligns with the staff's initial recommendation for disapproval, suggesting concerns about the appropriateness of such a substantial reduction in the required setback distance for this particular property and proposed construction project.

Variance Appeal for Joshua Cameron Marcum

3:10:00

The board considered agenda item III.C.3, a variance appeal submitted by Joshua Cameron Marcum requesting permission to increase the allowable height of a fence from 4 feet to 6 feet within 3 feet of the public right-of-way.

Staff had reviewed the application and recommended disapproval of the variance request. The current zoning regulations limit fence height to 4 feet when located within 3 feet of public right-of-way areas, and staff determined that the proposed 6-foot fence height did not meet the criteria for granting a variance.

Key speakers during the discussion included Harry Clarke and Chad Needham, who addressed various aspects of the variance request and the applicable regulations.

The board ultimately denied the variance appeal, upholding the staff recommendation for disapproval. This decision means that Marcum's fence must comply with the existing 4-foot height limitation when constructed within 3 feet of the public right-of-way, in accordance with current zoning requirements.