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ZBA denies homeowner’s request to keep temporary driveway tent at 5217 Overbrook Road
Summary
The board denied a variance that would have allowed a collapsible 10×10 temporary shade tent in the driveway, concluding the petitioner did not show the regulatory hardship required to permit an accessory structure that conflicts with the ordinance.
The Zoning Board of Adjustments denied a petition Thursday from homeowner Rod Shirley to keep a temporary 10×10 shade tent in his driveway at 5217 Overbrook Road.
Shirley told the board he uses the portable sunshade during the hottest months because his house lacks a usable garage and he tests interior car temperatures that reached “between 120 and 140 degrees” in parked vehicles. He described the tent as a collapsible, umbrella‑style shade that folds into a carry bag and said a larger previous tent had been damaged by a storm; he sought relief after receiving an enforcement warning.
Why it matters: Accessory‑structure rules require permanent structures not to be located closer to a street than the primary structure; staff and board considered whether a temporary, portable shade qualifies as an accessory “structure” under the ordinance. Shirley argued the item is not a structure under the code’s definition because it is portable and not erected or constructed on site.
Board members said the petitioner’s situation is an inconvenience rather than the statutory hardship required to grant a variance. Several board members noted covered parking exists on the property, and the board emphasized that inconvenience alone does not constitute the legal standard for a variance. The homeowners association representative told the board the neighborhood opposed proliferation of similar devices and feared safety or visual impacts.
The board voted to deny the variance. The denial leaves enforcement of accessory‑structure rules in place; staff reminded the public that zoning decisions can be appealed per established procedures.
