Board of Adjustment Hearing

Summary

Meeting Overview

The Board of Adjustment held a video teleconference meeting on January 11, 2021, at 1:30 PM, presided over by Branden Gross. The board addressed six agenda items and took eight motions and votes during the session. No public comments were heard during the meeting.

The board approved three land use requests: a variance request from Chacey and Romain Malhouitre (PLN-BOA-20-00068), a conditional use request from Christ the King School (PLN-BOA-20-00067), and variance requests from Opportunity Learning Center, LLC (PLN-BOA-20-00070). In addition to these applications, the board approved the appointment of a new member to the Landscape Review Committee, conducted an election of officers, and approved a delegation of the Secretary's duties.

Attendance

Present: - Raquel Carter - Harry Clarke - Thomas Glover - Branden Gross - Chad Needham - Chad Walker

Absent: - Joan Whitman

Late: - None

Votes and Decisions

All motions brought before the board passed unanimously with 6 votes in favor and 0 votes against.

PLN-BOA-20-00068: Chacey and Romain Malhouitre Variance Request 20:47

Motion by Thomas Glover, seconded by Raquel Carter. The variance request was approved unanimously (6-0). Voting in favor were Raquel Carter, Harry Clarke, Thomas Glover, Branden Gross, Chad Needham, and Chad Walker. Construction shall be in accordance with the submitted application materials and site plan. The existing driveway shall be removed upon construction of the proposed driveway and replaced with grass and/or other vegetative groundcover.

PLN-BOA-20-00067: Christ the King School Conditional Use Request 23:42

Motion by Raquel Carter, seconded by Chad Needham. The conditional use request was approved unanimously (6-0). Construction of the proposed addition shall be in accordance with the submitted application materials and site plan. All necessary permits, including a Zoning Compliance Permit and a Certificate of Occupancy, shall be obtained prior to construction and use of the addition.

PLN-BOA-20-00070: Opportunity Learning Center, LLC Variance Requests 1:40:37

Motion by Chad Needham, seconded by Harry Clarke. The variance requests were approved unanimously (6-0). Construction of the third story shall be done in accordance with the submitted application materials. Parking shall be installed in accordance with the submitted application materials and a revised site plan, subject to approval by the Division of Traffic Engineering. The parking lot shall be paved, with spaces delineated, and landscaped/screened in accordance with Articles 16 and 18 of the Zoning Ordinance. All necessary permits and approvals shall be obtained from the Divisions of Planning, Building Inspection, and Traffic Engineering prior to construction and occupancy. No doors or windows for the two rear units shall face the right or rear lot lines.

Appointment and Elections

Dan Stevers was appointed to the Landscape Review Committee 1:43:52 (motion by Thomas Glover, seconded by Harry Clarke, 6-0).

Thomas Glover was elected Chairperson 1:45:57 (motion by Raquel Carter, seconded by Harry Clarke, 6-0).

Chad Needham was elected Vice-Chairperson 1:49:52 (motion by Harry Clarke, seconded by Branden Gross, 6-0).

Joan Whitman was elected Secretary 1:50:30 (motion by Thomas Glover, seconded by Raquel Carter, 6-0).

The Secretary's duties were delegated to the Planning Services Manager 1:52:06 (motion by Thomas Glover, 6-0).

Appointments

The following appointments were made during this meeting:

• Dan Stevers was appointed to the Landscape Review Committee
• Thomas Glover was appointed Chairperson
• Chad Needham was appointed Vice-Chairperson
• Joan Whitman was appointed Secretary

Contested Items

PLN-BOA-20-00070: Opportunity Learning Center, LLC Variance Requests

The board engaged in heated discussion regarding variance requests submitted by Opportunity Learning Center, LLC. The primary point of contention centered on the connection between the main building and the garage structure. Board members raised concerns about noise generated from the garage area and questioned whether the connected space was being used as a "party deck," which would constitute an inappropriate use of the facility.

Despite the significant disagreement during deliberations, the board ultimately approved the variance requests. The approval was granted with revised findings and conditions imposed to address the concerns raised during discussion. These conditions were designed to mitigate potential issues related to noise and ensure appropriate use of the connected spaces.

PLN-BOA-20-00068: Chacey and Romain Malhouitre variance request

20:47

The board considered a variance request from Chacey and Romain Malhouitre to reduce the required side street side yard setback from 30 feet to 20 feet in order to construct an addition to their house.

Presentation and Recommendation

Staff recommended approval of the variance request with conditions. Thomas Glover participated in the discussion of this agenda item alongside the applicants.

Outcome

The variance request was approved.

PLN-BOA-20-00067: Christ the King School conditional use request

23:42

Christ the King School requested a conditional use permit to expand for academic instruction. Staff recommended approval of the request with conditions.

Key Speakers

Jeffrey Pearson and Thomas Glover presented and discussed the conditional use request.

Outcome

The conditional use request was approved.

PLN-BOA-20-00070: Opportunity Learning Center, LLC variance requests

1:40:37

Opportunity Learning Center, LLC requested variances to reduce side and rear yard setbacks and to reduce the number of required parking spaces for their facility.

Staff Recommendation

Staff recommended partial approval and disapproval of the requested variances, indicating that not all requests met the criteria for approval.

Board Action

The board approved the variances with revised findings and conditions. This approval allowed the applicant to proceed with modifications to the setback requirements and parking specifications, though the final approval included conditions and findings that differed from the original request.

Key Participants

The discussion involved Richard Murphy, Paul Lea, Craig Hardin, and Thomas Glover.

Appoint a new member to the Landscape Review Committee

1:43:52

The board appointed Dan Stevers to the Landscape Review Committee. The appointment was based on a recommendation from the Tree Board.

Thomas Glover presented this agenda item to the board. The appointment was approved.

Election of Officers

The board proceeded with the election of officers for the 2021 term 1:50:30.

Officers Elected:

• Chairperson: Thomas Glover
• Vice-Chairperson: Chad Needham
• Secretary: Joan Whitman

Key Speakers:

Branden Gross and Thomas Glover were the primary speakers during this agenda item.

Outcome:

The election of officers was approved.

Delegation of Secretary's Duties

1:52:06

The board discussed and approved the delegation of the Secretary's duties to the Planning Services Manager and staff members appointed by the Manager.

Thomas Glover addressed this agenda item. The board voted to approve the delegation, authorizing the Planning Services Manager to assume the Secretary's responsibilities along with designated staff members working under the Manager's direction.