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Board grants temporary variance allowing veteran to park handicap trailer on driveway, tied to occupant
Summary
The board approved a variance to a front‑yard trailer prohibition so a veteran may park an accessible trailer on his driveway while he resides at the property; the Castleberry Homeowners Association issued a written waiver and the board limited relief to the applicant's occupancy.
The Board of Adjustment approved a variance to the city’s front‑yard trailer parking rules to allow a veteran to park a handicap trailer on his driveway while he continues to occupy the home.
Julie Fulton, an attorney representing the applicant, told the board that the Castleberry Homeowners Association "hereby grants a waiver to the homeowner...from the prohibition against parking trailers in section 4.6 of the declaration of conditions, covenants, and restrictions for the Castleberry neighborhood" and that the waiver applies specifically to the driveway at the address and renews annually while the owner occupies the property.
Fulton said her client uses a trailer to transport a mobility scooter and provided a Department of Veterans letter documenting his status. The applicant also submitted letters from neighbors saying they had no problem with the trailer being parked on hard surface driveway.
Planning staff and the board discussed the municipal code provision cited by code enforcement, listed in the record as municipal code 59‑10400(d). Staff noted that paragraph 2 of that section permits outside parking in the front yard if the unit is on a hard surface and complies with spacing and sidewalk requirements, while paragraph 7 states generally that "all trailers are prohibited from parking in the front yard." Planning staff and the applicant argued that paragraph 7 is intended to ban trailers on grass or unpaved portions of the front yard, not trailers parked perpendicular on a hard driveway that meet spacing and sidewalk rules.
Because of the initial citation and neighborhood objections, the board tailored the variance narrowly. The motion approved the variance specifically for relief from municipal code 59‑10400(d)(7) and made the grant limited "for so long as the applicant resides at the home." The board discussed but did not itself void any outstanding code‑enforcement citation; a board member suggested making resolution of the citation contingent on code‑enforcement review.
The board approved the variance by motion and vote; the applicant and his family were present during the hearing.
