Board of Adjustment

Summary

Meeting Overview

The Board of Adjustment met on June 14, 2021, at 1:30 p.m. via video teleconference, with Thomas Glover presiding. The board considered five agenda items and took six votes during the session. No public comments were heard during the meeting.

The board approved three variance appeals: one for Homestead Development, one for Anthony and Denise Patrick, and one for Randy and Linda Deitrich. A conditional use appeal for Dunkin' was postponed. An administrative appeal filed by Rodale Properties LLC was denied.

Attendance

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

• Raquel Carter
• Harry Clarke
• Thomas Glover
• Branden Gross
• Chad Needham
• Chad Walker
• Joan Whitman
• Tracy Jones
• Steve Parker
• Jim Duncan
• Traci Wade
• Autumn Goderwis
• Donna Lewis
• Debbie Woods

No absences or late arrivals were recorded.

Votes and Decisions

PLN-BOA-21-00022: Ball Homes LLC Variance Request – Postponed 5:38 Motion by Branden Gross, seconded by Raquel Carter. The board voted unanimously (7-0) to postpone this variance request.

PLN-BOA-21-00021: Homestead Development Variance Request – Approved 16:13 Motion by Harry Clarke, seconded by Joan Whitman. The board voted unanimously (7-0) to approve the variance request. The approval is subject to three conditions listed by staff. All seven board members voted in favor: Raquel Carter, Harry Clarke, Thomas Glover, Branden Gross, Chad Needham, Chad Walker, and Joan Whitman.

PLN-BOA-21-00028: Anthony and Denise Patrick Variance Request – Approved 19:51 Motion by Chad Needham, seconded by Harry Clarke. The board voted unanimously (7-0) to approve the variance request. The approval is subject to three conditions listed by staff. All seven board members voted in favor.

PLN-BOA-21-00029: Randy and Linda Deitrich Variance Request – Approved 21:40 Motion by Chad Needham, seconded by Raquel Carter. The board voted unanimously (7-0) to approve the variance request. The approval is subject to two conditions listed by staff. All seven board members voted in favor.

PLN-BOA-21-00025: Dunkin' Conditional Use Appeal – Postponed 27:03 Motion by Raquel Carter, seconded by Joan Whitman. The board voted 6-0 to postpone this appeal, with one abstention. Six members voted in favor: Raquel Carter, Harry Clarke, Thomas Glover, Chad Needham, Chad Walker, and Joan Whitman. Branden Gross abstained.

PLN-BOA-21-00020: Rodale Properties LLC Administrative Appeal – Disapproved 48:20 Motion by Raquel Carter, seconded by Joan Whitman. The board voted unanimously (7-0) to disapprove the administrative appeal. The decision was based on staff's recommendation and testimony heard. All seven board members voted in favor of disapproval.

Contested Items

Rodale Properties LLC Administrative Appeal

The administrative appeal filed by Rodale Properties LLC generated community opposition during the meeting. The dispute centered on two primary zoning concerns: the non-conforming nature of the property itself and an accessory structure that exceeded the limits established by local zoning regulations.

The appeal was contentious because the proposed accessory structure's size violated the dimensional requirements set forth in the zoning code. Additionally, the underlying property's non-conforming status complicated the matter, as it did not meet current zoning standards for its district.

Variance Appeal - Homestead Development

Homestead Development requested a variance to reduce the roof surface coverage requirement for a proposed multi-family residential structure. Specifically, the developer sought approval to cover only 12% of the roof surface with a 4:12 pitched roof, down from the standard 75% requirement.

Presentation and Recommendation

Staff reviewed the variance request and recommended approval of a modified proposal. Rather than granting the full variance to 12%, staff recommended approving a lesser variance that would require 25% of the roof surface to be covered by a 4:12 pitched roof. This middle-ground recommendation balanced the developer's needs with the community's design standards.

Key Speakers

Jon Woodall and Matt Canterbury were the primary speakers during discussion of this agenda item. 12:54

Outcome

The variance appeal was approved. The decision reflected the staff recommendation for a compromise position between the developer's requested 12% and the standard 75% requirement, settling on a 25% coverage requirement for pitched roof surface.

Variance Appeal - Anthony and Denise Patrick

18:07

Anthony and Denise Patrick requested a variance to reduce the required side yard setback from 8 feet to 5 feet for an addition to their existing house.

Staff Recommendation

Jeremy Dewitt presented the staff recommendation for approval of the variance request.

Outcome

The variance appeal was approved.

Variance Appeal - Randy and Linda Deitrich

20:59

Randy and Linda Deitrich requested a variance to reduce the required rear yard setback from 10 feet to 5 feet for an addition to their existing house.

Staff recommended approval of the variance request. Jon Penn presented the item to the board.

The variance was approved.

Conditional Use Appeal - Dunkin'

25:57

Dunkin' requested a conditional use permit for drive-through facilities and sought modifications to an existing conditional use permit related to parking. Staff recommended that the matter be postponed.

The item was discussed but ultimately postponed rather than decided at this meeting.

Administrative Appeal - Rodale Properties LLC

28:09

Rodale Properties LLC requested an administrative appeal to increase the allowable size of an accessory structure on their property. The applicant sought to expand the structure from 834 square feet to 2,400 square feet.

Presentation and Discussion

The appeal was discussed by key speakers Scott Schuette and Rob Whalen. Staff reviewed the request and recommended disapproval of the appeal.

Outcome

The administrative appeal was denied.