Montgomery City Board of Justice approves five land-use variances, denies accessory-structure request on Cottondale Road

At a meeting of Montgomery City’s Board of Justice, members approved five variances and special exceptions covering accessory structures, a semi-public use conversion and a height/story variance for a hotel, and denied one request to retain and build accessory structures on a vacant residential lot.

The decisions affect six agenda items: a community-garden storage building at 3125 Bozeman Drive; a two-story storage shed at 801 Zack Court; a denied request at 1230 Cottondale Road for accessory structures without a main dwelling; a 12-by-20 gazebo for 3301 Wilmington Road; a semi-public use for a training/daycare-related operation at 2510 [address as spoken]; and a story/height variance to add a story to a hotel at 1201 Eastern Boulevard.

Why it matters: the approvals allow specific nonstandard buildings or uses to proceed subject to local conditions and permits, while the denial underscores the board’s reluctance to allow equipment- or storage-style uses on vacant residential lots without a primary dwelling.

The board approved the storage building for the neighborhood garden at 3125 Bozeman Drive. Patrick Moss, the petitioner, told the board, “What I'm requesting is, we got a piece of land here that we got a neighborhood garden. And, I wanna put this building there so we can have a place to store our tubes instead of residents having carrying back and forth to the cars and all that stuff.” The board moved to approve the request and the motion carried.

The board also approved a two-story storage shed at 801 Zack Court. Petitioner Stefan Smith described the proposal as replacement storage for an existing smaller shed and said the second story would be used for boxed items and household paperwork: “The first story will be where my lawnmower and my push mower, the the riding mower, tools, hand tools, things like that will be stored. The second story is going to be used for my boxes, computer equipment because I do IT for a living, things like that.” The board approved the variance with the condition that the existing smaller structure be removed before the new one is placed.

The board denied the request by Emmanuel Lopez at 1230 Cottondale Road to retain a 12-by-12 structure and build a new 12-by-15 accessory structure on a lot without a main dwelling. Vice Chairman George Howell described the lot as being used as an equipment yard: “Yeah. There's there's nothing residential about this lehi in all honesty. It's just an equipment yard for mister Lopez. And I understand the need for that, but not here. That's my thought.” Chairman John Stanley explained the board’s direction to Lopez after the vote: “that means that the existing structure that you now have needs to be removed. And you're not allowed to build a new structure. Okay. Until you have a main dwelling like a house on this lot.”

Friends of South Hall Inc. received approval for a 12-by-20, roughly 10.3-foot-tall gazebo at 3301 Wilmington Road to be used for community meetings and events; Linda Denard said the gazebo will “allow us to have community meetings there and community events there, year round.”

Gateway Benevolent Ministries’ application for a semi-public use at the building identified at 2510 (address as spoken) was approved. Guthrie Jeffcoat, with Jefco Engineers and Surveyors, said the group plans added parking and drainage, lighting improvements and to confine activities to inside the building for its training center. The board approved the special exception as discussed.

The board granted a height/story variance for a new hotel at 1201 Eastern Boulevard to add an additional story. Applicant Andrew Rutledge said the project will be a Marriott-branded property and that a comparable multi-story hotel exists nearby; the board approved the variance.

Votes at a glance

- Item 1 — 3125 Bozeman Drive (R-6S): Coverage variance and special exception for accessory structures without a main dwelling; motion to approve; outcome: approved by the board.

- Item 2 — 801 Zack Court (R-85): Side-yard variance, rear-yard variance and separation-between-structures variance for a two-story accessory structure (replacement of existing smaller shed); motion to approve; outcome: approved (existing shed to be removed before new structure installed).

- Item 3 — 1230 Cottondale Road (R-75S): Special exception for accessory structures without a main dwelling (retain 12x12 and construct 12x15); motion to deny; outcome: denied (board instructed that existing structure must be removed and no new structure is allowed until a main dwelling exists).

- Item 4 — 3301 Wilmington Road (R-75): Special exception for accessory structure (12x20 gazebo, ~10.3 feet tall) for Friends of South Hall Inc.; motion to approve; outcome: approved.

- Item 5 — 2510 [as spoken] (R-1): Special exception for semi-public use for Gateway Benevolent Ministries (training/daycare-related use), with added parking, drainage and lighting; motion to approve as discussed; outcome: approved.

- Item 6 — 1201 Eastern Boulevard (B-3): Story/height variance for a new hotel (additional story; Marriott extension reported); motion to approve; outcome: approved.

Discussion and staff guidance

Board members asked applicants about lighting, plumbing, exterior use and maintenance, stormwater/runoff control and whether uses would be confined indoors. Land-use staff Warren Adams and Tanya Ingram attended the meeting and answered procedural and code questions. The board repeatedly reminded petitioners that storing flammable materials, creating living quarters, or establishing outdoor, commercial-style operations were not allowed unless specifically approved.

The board approved the minutes at the end of the meeting.

Next steps: approved applicants were told to obtain required building permits and follow any conditions discussed at the hearing; the petitioner denied at Cottondale Road was told to remove the existing structure and may reapply only if a main dwelling is established on the lot.