Board of Adjustment

Summary

Meeting Overview

The Board of Adjustment convened on August 10, 2020, at 1:30 PM via video teleconference, with Thomas Glover presiding as the meeting officer. The board addressed seven agenda items consisting of variance and conditional use appeals from various applicants seeking zoning relief or special permissions for their properties. During the session, the board took seven motions and votes while hearing five public comments from community members regarding the proposed appeals.

The meeting resulted in six approvals and one denial among the cases presented. The board approved variance and conditional use appeals for James T. Mastin, Ideal Exchange Pawn, Theresa Nowak, Kids Unlimited Learning Center, BFB Holdings LLC, and L. Roberts Properties. However, the variance appeal submitted by Beby Jayaram was denied by the board. The virtual format allowed the board to continue conducting essential zoning business while maintaining public health protocols during the ongoing pandemic, ensuring that property owners could still seek necessary zoning relief and conditional use permissions for their development projects.

Attendance

The following members were present at the August 10, 2020 meeting:

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

Absent: • Branden Gross

No members arrived late to the meeting. Six of seven members were in attendance.

Votes and Decisions

The board considered seven applications during the August 10, 2020 meeting, approving six and denying one.

PLN-BOA-20-00035 2:30: The board unanimously approved a variance to reduce the required side yard setback for James T. Mastin. Raquel Carter made the motion, seconded by Chad Needham. All six members voted in favor: Thomas Glover, Joan Whitman, Harry Clarke, Raquel Carter, Chad Needham, and Chad Walker. The approval requires construction to follow submitted materials and obtaining necessary permits from Building Inspection.

PLN-BOA-20-00030 3:30: A conditional use permit to establish a pawnshop for Ideal Exchange Pawn passed unanimously (6-0). Harry Clarke motioned, Chad Needham seconded. The approval includes conditions limiting outdoor display to 650 square feet and requiring permits from Planning and Building Inspection divisions.

PLN-BOA-20-00034 4:30: Theresa Nowak's conditional use application for a home-based counseling business received unanimous approval. Harry Clarke made the motion, Joan Whitman seconded. The permit requires a Zoning Compliance Permit and Certificate of Occupancy.

PLN-BOA-20-00031 5:30: The only denied application was Beby Jayaram's variance request to increase allowable fence height. Raquel Carter motioned for approval, Chad Needham seconded, but all six members voted against the variance (0-6).

PLN-BOA-20-00033 6:30: Kids Unlimited Learning Center's conditional use for a rehabilitation home passed unanimously. The approval limits residents to 42 maximum and requires extensive conditions including privacy fencing, parking requirements, and permits from multiple agencies.

PLN-BOA-20-00036 7:30: BFB Holdings, LLC's cocktail lounge with live entertainment application passed 5-1. Raquel Carter motioned, Harry Clarke seconded. Chad Walker cast the sole dissenting vote, while Glover, Whitman, Clarke, Carter, and Needham voted in favor.

PLN-BOA-20-00037 8:30: L. Roberts Properties' vehicle storage yard conditional use passed unanimously. Harry Clarke motioned, Joan Whitman seconded. The approval includes requirements for paved parking, landscaping, and stormwater management.

Public Comment

Five speakers addressed the board during the public comment period, with all comments opposing various conditional use applications under consideration.

Kids Unlimited Learning Center Opposition

Jennifer Reynolds, 11th District Council Member, spoke against the rehabilitation home proposal 6:00. Reynolds expressed strong opposition, citing concerns about the facility's proximity to residential areas and the concentration of similar facilities already present in the neighborhood.

Patrick Salvadori followed with additional opposition to the same rehabilitation home 6:15. Salvadori raised concerns about potential noise issues and the facility's proximity to his property, requesting that the board consider the impact on nearby residents when making their decision.

BFB Holdings, LLC Cocktail Lounge Opposition

Carolyn Gago, President of South Hill Station, spoke against the conditional use application for a cocktail lounge 7:45. Gago cited multiple concerns including noise, increased traffic, and potential negative impacts on property values in the area.

Robert Ryan, representing the Centre Court Condominium Association as their attorney, also opposed the cocktail lounge proposal 8:00. Ryan's objections focused on noise concerns, the proposed hours of operation, and the overall impact the establishment would have on area residents.

L. Roberts Properties Vehicle Storage Opposition

Gary Scott Hamilton addressed the board regarding the proposed vehicle storage yard by L. Roberts Properties 9:00. Hamilton expressed concerns about noise and lighting from the facility, specifically requesting that conditions be imposed to mitigate potential impacts on nearby residential properties.

All public comments focused on conditional use applications, with speakers consistently raising concerns about noise, proximity to residential areas, and impacts on neighborhood character and property values.

Contested Items

Two conditional use permit applications faced significant community opposition during the August 10, 2020 meeting.

BFB Holdings, LLC Conditional Use Permit

The conditional use application for BFB Holdings, LLC encountered substantial resistance from nearby residents and property owners. Community members voiced concerns primarily focused on potential noise impacts and the broader effects the proposed use would have on their neighborhood. The opposition reflected residents' worries about how the facility would alter the character and livability of their area.

Kids Unlimited Learning Center Conditional Use Permit

The conditional use permit request for Kids Unlimited Learning Center also drew considerable opposition from the community. Local residents raised concerns about what they perceived as an overconcentration of rehabilitation facilities in their area. The opposition extended beyond just residents, with council members also expressing reservations about the cumulative impact of multiple similar facilities being located in close proximity to one another.

Community members and council representatives questioned whether clustering rehabilitation services in one geographic area was appropriate for the neighborhood and whether it would create unintended consequences for residents and the broader community. The concerns centered on the potential effects of having multiple rehabilitation facilities operating within the same vicinity rather than distributing such services more broadly throughout the municipality.

Both applications highlighted tensions between community development needs and neighborhood preservation concerns, with residents actively participating in the public process to voice their opposition to the proposed conditional uses.

Variance Appeal for James T. Mastin

2:30

The board considered agenda item III.C.1, a variance request submitted by James T. Mastin to reduce the required side yard setback for a proposed addition to his property.

Mastin presented his request to the board, seeking approval to construct an addition that would not meet the standard side yard setback requirements. The specific details of the requested setback reduction and the nature of the proposed addition were discussed during the presentation.

Staff had reviewed the variance application and provided recommendations to the board regarding Mastin's request. The staff analysis included an evaluation of the proposed construction plans and their compliance with local zoning regulations.

The board deliberated on the variance request, considering both the applicant's needs and the applicable zoning standards. The discussion included review of any conditions that would need to be met as part of the approval process.

Following their review of the application materials, staff recommendations, and Mastin's presentation, the board voted to approve the variance request. The approval was granted with specific conditions that must be satisfied during the construction process.

The approved variance allows Mastin to proceed with his planned addition while maintaining compliance with the modified setback requirements established by the board's decision.

Conditional Use Appeal for Ideal Exchange Pawn

3:30

The board considered agenda item III.D.1, a conditional use appeal for Ideal Exchange Pawn to establish a pawnshop operation. Richard Coppersmith served as the key speaker presenting information on this request.

The application sought approval for Ideal Exchange Pawn to operate a pawnshop under the conditional use permit process. Staff had reviewed the proposal and provided recommendations for the board's consideration, including specific conditions that would need to be met for the operation.

Following the presentation and discussion of the staff recommendations, the board voted to approve the conditional use request for Ideal Exchange Pawn. The approval was granted based on the staff's analysis and the conditions outlined in their report.

The decision allows Ideal Exchange Pawn to move forward with establishing their pawnshop operation, subject to compliance with the conditions specified in the approval.

Conditional Use Appeal for Theresa Nowak

4:30

The board considered agenda item III.D.3, a conditional use appeal submitted by Theresa Nowak for a home-based counseling business. Nowak appeared before the board to present her request for the conditional use permit.

The application sought approval to operate a counseling practice from her residence. Staff had reviewed the proposal and provided recommendations along with specific conditions for the permit approval.

Theresa Nowak served as the key speaker for this item, presenting her case to the board members. The discussion focused on the nature of the proposed home-based business and how it would comply with local zoning requirements and conditional use standards.

Following the presentation and board discussion, the members voted to approve Nowak's conditional use request. The approval was granted based on staff recommendations and included specific conditions that must be met for the permit to remain valid.

The board's decision allows Nowak to proceed with establishing her home-based counseling business, subject to compliance with the conditions outlined in the staff report and any additional requirements specified during the approval process.

Variance Appeal for Beby Jayaram

5:30

The board considered agenda item III.C.1, a variance appeal submitted by Beby Jayaram requesting permission to increase the allowable height of a fence on their property.

Beby Jayaram presented the variance request to the board, seeking approval to exceed the standard fence height regulations. The specific details of the requested height increase and the property location were discussed during the presentation.

Staff had previously reviewed the variance application and provided recommendations to the board regarding the request. The staff recommendations were presented as part of the board's consideration of the appeal.

Following the presentation and discussion of the variance request, the board voted to deny Beby Jayaram's appeal. The denial was based on the staff recommendations that had been provided to the board for their review and consideration.

The board's decision means that Beby Jayaram will not be permitted to construct a fence exceeding the standard height allowances as specified in the applicable regulations. The property owner will need to comply with existing fence height requirements or explore alternative solutions that conform to current zoning standards.

Conditional Use Appeal for Kids Unlimited Learning Center

6:30

The board considered agenda item III.D.2, a conditional use appeal for Kids Unlimited Learning Center requesting approval for a rehabilitation home facility.

Chiquita Hall served as the key speaker for this agenda item, presenting the request to the board members. The application sought conditional use approval to operate a rehabilitation home under the Kids Unlimited Learning Center organization.

Staff had reviewed the proposal and provided recommendations to the board regarding the conditional use request. The staff analysis included specific conditions that would need to be met for the facility to operate in compliance with local zoning requirements and regulations.

The board deliberated on the merits of the application, considering both the staff recommendations and the proposed conditions for approval. The discussion focused on ensuring the rehabilitation home would meet all necessary operational and safety standards while serving the community's needs.

Following their review and discussion of the conditional use request, the board voted to approve the application for Kids Unlimited Learning Center. The approval was granted based on the staff recommendations and included the conditions outlined in the staff report to ensure proper operation of the rehabilitation home facility.

The conditional use approval allows Kids Unlimited Learning Center to move forward with establishing their rehabilitation home, subject to meeting all specified conditions and ongoing compliance with local regulations.

Conditional Use Appeal for BFB Holdings, LLC

7:30

The board considered agenda item III.D.4, a conditional use appeal submitted by BFB Holdings, LLC. The company requested approval to establish a cocktail lounge with live entertainment at their proposed location.

Zach Cato served as the key speaker during the discussion of this agenda item. The presentation covered the specifics of BFB Holdings' proposal for the cocktail lounge operation, including their plans for live entertainment programming.

During the deliberation process, the board examined various aspects of the conditional use request. The discussion focused on operational parameters that would need to be established to ensure the business would operate appropriately within the community context.

The board ultimately approved BFB Holdings, LLC's conditional use request. However, the approval came with specific conditions attached to address operational concerns. The board imposed restrictions on music levels and established limits on the hours of operation for the cocktail lounge.

These conditions were designed to balance the business needs of BFB Holdings with community standards and neighboring property considerations. The music conditions likely address noise concerns, while the operational hour restrictions ensure the establishment operates within appropriate timeframes for the area.

The conditional approval allows BFB Holdings to move forward with their cocktail lounge and live entertainment venue, provided they comply with the board-imposed conditions regarding music volume and operating hours.

Conditional Use Appeal for L. Roberts Properties

8:30

The board considered agenda item III.D.5, a conditional use appeal submitted by L. Roberts Properties for a vehicle storage yard. Kevin Flanagan served as the key speaker presenting information on this matter.

L. Roberts Properties had requested conditional use approval to operate a vehicle storage yard on their property. The proposal underwent staff review, which resulted in specific recommendations and conditions for the project's approval.

During the discussion, the board reviewed the staff recommendations and associated conditions that would govern the vehicle storage yard operation. The conditions were designed to ensure the facility would operate in compliance with local zoning requirements and minimize any potential impacts on surrounding properties.

Following consideration of the staff report and recommendations, the board voted to approve the conditional use request for L. Roberts Properties. The approval was granted based on the staff's professional assessment and the proposed conditions that would regulate the vehicle storage yard's operations.

The decision allows L. Roberts Properties to proceed with establishing the vehicle storage yard, subject to compliance with all specified conditions and ongoing adherence to applicable zoning regulations.