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Board approves impervious‑cover variance for Hubley ridge lot after debate over driveway length
Summary
The Board approved an impervious‑cover variance that lets a previously approved home proceed on a 26‑acre lot despite exceeding the new 15,000‑square‑foot limit, after petitioners and board members argued relocating the house would require more tree clearing and erosion risk.
The Monroe County Board of Zoning Appeals voted 4-0 on May 7 to approve VAR-25-13, granting an impervious‑cover variance for a proposed home at 8391 South Fairfax Road in Clear Creek Township.
The petition seeks relief from the CDO’s impervious‑cover maximum (Chapter 8.04) after a recent ordinance amendment introduced a 15,000‑square‑foot cap for large rural lots. The property owner previously received an Eco Area 1 variance for slope disturbance. The current proposal shows approximately 16,935 square feet of impervious surface (house, decks and drives) and the applicant requested relief for roughly 1,935 square feet over the new limit.
Petitioner representative (Mister Gilman) told the board the driveway is long — about 1,900 feet in total from Fairfax Road to the ridgeline — and much of the route uses an existing alignment and stone base that has been in place for decades. The petitioner argued that moving the house north to reduce driveway length would remove more trees and increase erosion risks. Gilman summarized: “There’s really not more length, but what we have to do is build a turnaround… so I think the additional driveway that’s considered new is where we built the retaining wall,” and said the approved building location minimizes tree removal.
Staff recommended denial, citing Chapter 8.04 standards and the requirement that applicants demonstrate they cannot reasonably address development limits by relocation or redesign. Board members who had earlier reviewed plans and site photos concluded the requested variance is the minimum necessary to allow the previously approved home to be built and noted the long‑standing access path and its limited disturbance. After discussion the board approved the variance without conditions.
Why it matters: The vote lets the homeowner build at an approved site while exceeding a new impervious‑cover cap introduced since the first approval. Board members emphasized maintaining the previously authorized building placement to reduce tree removal and erosion.
Next steps: With the variance approved, the petitioner may continue toward permits for construction and driveway improvements; any changes that increase impervious area beyond the approved plan would require additional review or another variance.
