Board of Adjustment Hearing

Summary

Meeting Overview

The Division of Planning Planning Services Section Board of Adjustment held a meeting on February 8, 2021, at 1:30 p.m. via video teleconference. Branden Gross presided over the meeting, which addressed three agenda items. The board considered two variance appeals and one third-party appeal, taking four motions and votes during the session. No public comments were heard during the meeting. Of the three matters presented, two variance appeals were approved—one for Friendly Properties, LLC and one for Crow Island, Inc—while the third-party appeal filed by Hugh and Kim Bloomfield was denied.

Attendance

Present: - Raquel Carter - Harry Clarke - Branden Gross - Chad Walker - Joan Whitman

Absent: - Thomas Glover - Chad Needham

Late: None recorded.

Votes and Decisions

PLN-BOA-20-00071: Postponement of Variance Request by Megan Riley & Harry Tolson Richart, IV 14:23

A motion to postpone this variance request was made by Raquel Carter and seconded by Joan Whitman. The motion passed unanimously with 5 ayes and 0 nays. All five board members voted in favor: Raquel Carter, Harry Clarke, Branden Gross, Chad Walker, and Joan Whitman.

PLN-BOA-21-00001: Variance Request by Friendly Properties, LLC to Reduce Side Yard Setback 1:01:10

A motion to approve this variance request was made by Raquel Carter and seconded by Harry Clarke. The motion passed unanimously with 5 ayes and 0 nays. All five board members voted in favor: Raquel Carter, Harry Clarke, Branden Gross, Chad Walker, and Joan Whitman. The approval is conditioned on construction in accordance with application materials and site plan, and on obtaining all necessary permits and approvals.

PLN-BOA-21-00002: Variance Request by Crow Island, Inc to Increase Floor Area Ratio 1:04:21

A motion to approve this variance request was made by Harry Clarke and seconded by Joan Whitman. The motion passed unanimously with 5 ayes and 0 nays. All five board members voted in favor: Raquel Carter, Harry Clarke, Branden Gross, Chad Walker, and Joan Whitman. The approval is conditioned on construction in accordance with application materials and site plan, and on obtaining all necessary permits and approvals.

PLN-BOA-21-00003: Third Party Appeal by Hugh and Kim Bloomfield and Linda Gosnell 2:35:34

A motion regarding this third party appeal was made by Joan Whitman and seconded by Raquel Carter. The motion failed unanimously with 5 ayes and 0 nays. All five board members voted in favor of the motion to fail the appeal: Raquel Carter, Harry Clarke, Branden Gross, Chad Walker, and Joan Whitman. The basis for the failure was lack of jurisdiction.

Contested Items

Third Party Appeal by Hugh and Kim Bloomfield

The Board addressed a procedural dispute regarding a third party appeal submitted by Hugh and Kim Bloomfield. The appeal concerned the retracement plat certification.

The Board determined that it did not have jurisdiction to hear the appeal. This jurisdictional finding resolved the contested matter, as the Board concluded it lacked the authority to proceed with reviewing the Bloomfields' appeal on its merits.

Variance Appeals - Friendly Properties, LLC

1:00:38

Friendly Properties, LLC requested a variance to reduce the required side yard setback from 18" to 14" for a detached accessory structure.

Key Speakers: - Branden Gross - Friend Bechtel

Outcome: The variance appeal was approved.

Variance Appeals - Crow Island, Inc

1:03:16

Crow Island, Inc requested a variance to increase the allowable floor area ratio from 0.35 to 0.71 to construct an addition to a single-family dwelling.

Key speakers on this matter included Branden Gross and Darren Taylor.

The variance request was approved.

Third Party Appeal - Hugh and Kim Bloomfield

Hugh and Kim Bloomfield requested a third party appeal to contest the Division of Planning's certification of a retracement plat. 2:35:34

Key Speakers

The discussion involved Branden Gross, Bruce Simpson, and Wayne Collier.

Outcome

The appeal was denied.