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Board grants wainscot exemption for Griffith Road barn, requires permitting
Summary
The Board of Zoning Appeals granted a variance allowing an accessory structure at 1408 Griffith Road to omit a 36-inch masonry wainscot, on the condition that the owner complete the city's permitting process; staff had recommended against the variance because the structure was built without a permit.
The Board of Zoning Appeals on April 28 approved a variance allowing an existing accessory building at 1408 Griffith Road to omit the code-required 36-inch masonry wainscot, conditioned on the property owner completing the city permitting process. The vote was 5-0.
The board's decision affects a large accessory building the owner said is primarily cosmetic in need of compliance rather than structural changes.
Troy Franklin Jr., who identified himself as the property owner, told the board "The county is requiring a 36 inch masonry wainscot. And, because it's just a cosmetic, addition, I'm requesting that I'd be allowed to not have it." Franklin said he added a 36-inch painted wainscot to match the barn roof and asked to remain in compliance without installing masonry. City planning staff recommended denial, noting the structure was built without city approval and that the practical-difficulty standard was not met.
The board admitted all evidence, including the petitioner's application, staff report and photographs. Board member Mr. King moved approval with the single condition that the applicant complete the permitting process; the motion, seconded by Mr. Millborn, passed 5-0. The board then directed corporation counsel to draft written findings of fact incorporating the staff report and evidence for formal adoption.
Board discussion touched on visibility from the road and neighborhood precedent; several members noted the wainscot requirement is an aesthetic standard in the Unified Development Ordinance and that changing it citywide would require a text amendment. Staff and board members also discussed that the building-permit review is the typical mechanism for catching unpermitted construction and that the owner should work with building inspectors to finalize permits and inspections.
The board's action allows the barn to remain without masonry wainscot provided the owner follows through with the permitting process required by the city.
