Board approves variance to site two-family dwellings closer to corner at 2801 Delaware

The Metropolitan Board of Zoning Appeals approved a variance May 1 allowing a reduced side-street setback for a planned two-family development at 2801 Delaware.

Attorney John Michael of Thompson Burton, representing appellant Jody Roberts and owner 2801 and Delaware LLC, told the board the request seeks a 10-foot setback from the side street where the code requires 20 feet. He said the intersection and surrounding development pattern — a mix of townhomes, condos, single-family houses, a health clinic and a self-storage unit — produce a built environment that creates an exceptional hardship. "We're asking for partial relief down to 10 foot, not down to 5, and certainly not down to 0," Michael said, and added that the configuration would provide better street activation than alternatives.

Board members reviewed photographs and site plans on the record and discussed the property in context of adjacent zoning districts and the Major Collector Street Plan standard. Several board members said the property's situation in the built environment, together with its orientation and underlying lot geometry, met the narrow standard for an exceptional and practical difficulty under the code. One board member said the proposal could result in better “street activation” compared with the existing wall or retaining structures on nearby lots.

After deliberation a member moved to approve the application based on the property’s unique physical characteristics and surrounding development pattern; the motion carried. The board noted the applicant had support from the Metro council member for the district and that no neighborhood opposition had been registered in the record to date. The applicant will follow up with codes staff for permits and inspections.