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Board of Zoning Appeals OKs 14‑month extension for variance B23‑00125
Summary
The Board of Zoning Appeals granted a 14‑month extension to a previously approved variance (B23‑00125) so the applicant can obtain a building permit; staff recommended up to 24 months, and the board settled on a 14‑month extension after discussion about permit timing, a lapsed parking variance and building preservation concerns.
The Board of Zoning Appeals at its March meeting approved a 14‑month extension of an existing variance (B23‑00125), allowing the applicant additional time to obtain a building permit before the variance expires.
Staff liaison Catherine Week told the board that the code allows an applicant to request an extension if a building permit has not been obtained within the original 24‑month period and noted staff typically recommends granting the full 24 months. "They are permitted to be extended for up to another 24 months. Staff would recommend...grant it for that 24 month period," Week said.
The extension voted on at the meeting runs from May 4, 2025, and was approved to expire after 14 months on July 1, 2026. The motion to approve the 14‑month extension carried with a recorded tally of three yes votes and two no votes.
Mike Myers of Herndley Associates Architects, speaking as a proxy for the property owner, asked the board to continue the previously approved variances so the owner could move forward with permitting. "I am Mike Myers, with Herndley Associates Architects. Really just asking that you consider continuing the variances that were approved previously so that we can continue to move forward with it," Myers said. He told the board the permit plans were complete and ready for submittal but had been delayed while legal matters were resolved.
Board members debated the length of the extension. Several members said they were sympathetic to delays caused by litigation and permitting, and that a longer extension reduces the risk of having to return to the board if the owner still needed time. Others expressed concern that a long extension could allow a vacant building to deteriorate further, increasing the risk of demolition rather than preservation.
Week also told the board that a separate parking variance associated with the property has already expired, which means the owner may need to seek a new parking variance and that scheduling another hearing would add time because the board meets monthly and there is about a one‑and‑a‑half month delay to get on the agenda. Week added that under both the current and incoming Land Development Code the maximum building height for the applicable industrial district remains 45 feet.
The board closed public comment, debated whether to grant a shorter extension (12 months) or the staff‑recommended 24 months, and ultimately voted to approve a 14‑month extension to strike a balance between allowing permit processing time and limiting the length of additional inactivity at the site.
The decision authorizes the variance extension only; any additional or renewed variances (including parking) not covered by this extension must be requested separately and are subject to the provisions of the Land Development Code in effect at the time of the new request.
