Board of Adjustment Hearing

Summary

Meeting Overview

The Board of Adjustment convened on June 14, 2021, at 1:30 PM via video teleconference with Thomas Glover presiding as the presiding officer. The board addressed five agenda items during the session, including three variance requests, one conditional use request, and one administrative appeal. The board took six votes throughout the meeting, with three variance requests receiving approval, one conditional use request being deferred, and one administrative appeal being denied. No public comments were heard during this meeting.

Attendance

The following members were present at the meeting on June 14, 2021:

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

All members were in attendance with no absences or late arrivals recorded.

Votes and Decisions

The board took action on six items during the meeting, with all seven members present for most votes.

PLN-BOA-21-00022 10:00: Branden Gross motioned to postpone the variance request by Ball Homes LLC, seconded by Raquel Carter. The motion passed unanimously 7-0, with all members voting in favor: Raquel Carter, Harry Clarke, Thomas Glover, Branden Gross, Chad Needham, Chad Walker, and Joan Whitman.

PLN-BOA-21-00021 20:00: Harry Clarke motioned to approve the variance request by Homestead Development, seconded by Joan Whitman. The motion passed unanimously 7-0, subject to three conditions as listed. All seven members voted in favor.

PLN-BOA-21-00028 30:00: Chad Needham motioned to approve the variance request by Anthony and Denise Patrick, seconded by Harry Clarke. The motion passed unanimously 7-0, subject to three conditions as listed. All seven members voted in favor.

PLN-BOA-21-00029 40:00: Chad Needham motioned to approve the variance request by Randy and Linda Deitrich, seconded by Raquel Carter. The motion passed unanimously 7-0, subject to two conditions as listed. All seven members voted in favor.

PLN-BOA-21-00025 50:00: Raquel Carter motioned to postpone the conditional use request by Dunkin', seconded by Joan Whitman. The motion passed 6-0 with one abstention. Six members voted in favor: Raquel Carter, Harry Clarke, Thomas Glover, Chad Needham, Chad Walker, and Joan Whitman. One member abstained from voting.

PLN-BOA-21-00020 60:00: Raquel Carter motioned to disapprove the administrative appeal by Rodale Properties LLC, seconded by Joan Whitman. Despite unanimous support from all seven members, the motion failed. All members voted in favor: Raquel Carter, Harry Clarke, Thomas Glover, Branden Gross, Chad Needham, Chad Walker, and Joan Whitman.

Variance request by Homestead Development

20:00

The Board of Adjustment considered application PLN-BOA-21-00021, a variance request submitted by Homestead Development to modify roof requirements for a proposed multi-family residential structure. The request sought to reduce the mandated roof surface coverage by a 4:12 pitched roof from the standard 75% requirement down to just 12%.

Key speakers during the discussion included Jon Woodall and Matt Canterbury, who presented details about the proposed development and the rationale for the variance request. The significant reduction in pitched roof coverage represents a substantial deviation from typical residential building standards, which generally require three-quarters of roof surfaces to maintain the specified pitch ratio.

The variance application centered on a multi-family residential project where the developer argued that the standard roof pitch requirements would create practical difficulties or hardships in the proposed design. While the specific details of the architectural plans and justifications presented were not detailed in the available materials, the request indicates the development would feature a predominantly flat or low-slope roof design rather than traditional pitched roofing.

Following discussion and consideration of the application materials, the Board of Adjustment approved the variance request. This approval allows Homestead Development to proceed with their multi-family residential project using only 12% pitched roof coverage instead of the standard 75% requirement, representing a significant accommodation to the developer's proposed design approach.

The approval of PLN-BOA-21-00021 enables the project to move forward with the modified roof specifications, though any additional permits or approvals required for the overall development would need to be obtained through separate processes.

Variance request by Anthony and Denise Patrick

30:00

The board reviewed variance request PLN-BOA-21-00028 submitted by Anthony and Denise Patrick. The applicants requested approval to reduce the required side yard setback from 8 feet to 5 feet in order to construct an addition to their existing house.

Jeremy Dewitt served as the key speaker presenting information about the variance request to the board members.

The proposed variance would allow the Patrick family to build their planned home addition while maintaining a 5-foot side yard setback instead of meeting the standard 8-foot requirement established in the zoning code. This 3-foot reduction in the setback requirement was necessary to accommodate the design and placement of their proposed addition on the existing property.

Following the presentation and board discussion of the variance request, the board voted to approve PLN-BOA-21-00028. The approval allows Anthony and Denise Patrick to proceed with construction of their home addition using the reduced 5-foot side yard setback rather than the standard 8-foot requirement.

The variance approval enables the applicants to move forward with their residential improvement project while working within the constraints of their property boundaries and the proposed addition design.

Variance request by Randy and Linda Deitrich

40:00

The Board of Appeals considered case PLN-BOA-21-00029, a variance request submitted by Randy and Linda Deitrich to reduce the required rear yard setback from 10 feet to 5 feet. The variance would allow the construction of an addition to their existing house.

Jon Penn served as the key speaker presenting information about this variance request to the board members. The discussion centered on the proposed reduction in the rear yard setback requirement, which represents a 50% decrease from the standard zoning requirement.

The variance request involved modifying the existing setback regulations to accommodate the planned home addition. Under current zoning requirements, the property owners would need to maintain a 10-foot rear yard setback, but their proposed construction would only allow for a 5-foot setback from the rear property line.

Following the presentation and board discussion, the variance request was approved. The approval allows Randy and Linda Deitrich to proceed with their home addition project under the modified setback requirements, reducing the rear yard setback to 5 feet as requested.

The case represents a typical residential variance request where property owners seek relief from standard zoning setback requirements to accommodate home improvements or additions that would otherwise not be permitted under existing regulations.

Conditional use request by Dunkin'

50:00

The board reviewed application PLN-BOA-21-00025, a conditional use request submitted by Dunkin' for drive-through facilities and modifications to an existing conditional use permit for parking arrangements.

The application sought approval for drive-through operations at a Dunkin' location, which would require conditional use authorization under local zoning regulations. Additionally, the request included proposed modifications to the site's existing conditional use permit related to parking configurations to accommodate the drive-through service model.

No specific details were provided during the meeting regarding the exact location of the proposed Dunkin' facility, the scope of the drive-through operations, or the nature of the parking modifications being requested. The board did not hear detailed presentations from applicants or engage in substantive discussion of the merits of the proposal during this session.

The board ultimately decided to defer consideration of the Dunkin' conditional use request. No timeline was established for when the item would return to the board for further review, nor were specific reasons provided for the deferral during the recorded portion of the meeting.

The deferral means the application remains pending before the board, and Dunkin' will need to wait for the item to be rescheduled on a future meeting agenda before receiving a decision on their conditional use request for drive-through facilities and parking modifications.

Administrative appeal by Rodale Properties LLC

60:00 The Board of Appeals considered case PLN-BOA-21-00020, an administrative appeal by Rodale Properties LLC requesting to increase the allowable size of an accessory structure from 834 square feet to 2,400 square feet.

Key speakers during the discussion included Scott Schuette and Rob Whalen, who presented details regarding the proposed expansion of the accessory structure. The appeal sought to nearly triple the permitted size of the structure beyond what was previously approved.

The board reviewed the request and associated materials, examining whether the proposed increase met the necessary criteria for approval under local zoning regulations. Discussion focused on the substantial size increase being requested and whether it aligned with applicable standards for accessory structures in the area.

Following deliberation on the merits of the appeal and consideration of the relevant zoning requirements, the Board of Appeals denied the request. The denial means the accessory structure must remain within the previously approved 834 square foot limitation rather than the requested 2,400 square feet.

The outcome maintains the original size restrictions placed on the accessory structure, preventing Rodale Properties LLC from proceeding with their plans for the larger building footprint.