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Board denies front-yard setback variance for 565 Bellpoint Drive after split vote
Summary
A request to extend a garage and convert part of it to living space at 565 Bellpoint Drive was denied after the board found the front-yard encroachment substantial and alternatives available; the motion to approve failed 3–1 and a subsequent motion to deny passed 3–1.
The Board of Adjustment denied a front-yard setback variance request at 565 Bellpoint Drive after members expressed concern that the proposed garage expansion and conversion would materially encroach into the established front-yard plane on a street where larger front setbacks prevail.
Senior planner Kristen Coleman presented the request for case 25087: the applicant, James Kearney, proposed to convert part of an attached garage into an additional bedroom, bathroom and laundry area and to add a 22-foot-10-inch by 15-foot garage extension resulting in a proposed front-yard setback of 13.5 feet where the code requires 20 feet (land development code section 8.7(a)(1)). Coleman asked the applicant to describe exterior materials and to address the project’s relationship to the newly installed circular paver driveway.
Applicant James Kearney told the board he lives at the residence with his wife, that he plans to remain in the home and wants a one-story layout because of mobility concerns, and that converting a portion of the garage is preferable to a second-floor solution. He said the driveway clearance between the new addition and the circular driveway is approximately 11 feet 6 inches and that he plans to match materials and architectural details.
Board discussion focused on neighborhood context and whether the proposed front-yard encroachment would be harmonious with surrounding properties. Several members said the request represents a significant front-yard intrusion and noted other options (second-floor addition or internal reconfiguration) could provide the desired living space without reducing the front setback. There were no public objections filed and no letters in the packet.
Action: A motion to approve the variance with a staff-recommended as-built survey condition failed on a 3–1 vote. A subsequent motion to deny the variance passed 3–1 (Member Kore and Member Causey and Chair Chase voted to deny; Member Small opposed). The board’s denial was based on the testimony and findings presented at the hearing.
Why it matters: The denial preserves the existing front-yard setback standard on Bellpoint Drive and shows the board weighing neighborhood character and alternatives against private renovation needs.
Details: The applicant sought relief from Land Development Code §8.7(a)(1) for a front-yard setback reduction to 13.5 feet from 20 feet required; the board considered an as-built survey as a condition but ultimately voted to deny. The applicant may pursue alternate designs or bring revised plans to a future meeting.
