Monroe County BZA approves variance for Hubley property after arborist testimony and public comment

The Monroe County Board of Zoning Appeals on March 2025 approved a variance (VAR‑24‑26) to allow a proposed single‑family dwelling to be sited partially on slopes greater than 12% on a 26.79‑acre parcel at 8391 South Fairfax Road in Clear Creek Township.

Board members voted 4–1 to approve the Hubley Eco Area 1 variance after technical testimony and public comment. The motion passed with Margaret Clements, Skip Dailey, Jeff Morris and Pamela Davidson voting “yes” and Guy (listed in the roll call as Guy Lachman/Lofman in the transcript) voting “no.”

The vote followed repeated hearings and new materials submitted by the petitioner, including two sets of plans and an arborist report. Jerome Delbridge, the ISA‑certified arborist who testified for the petitioner, provided a comparison of tree loss between the petitioner’s preferred site and an alternate location. Delbridge said the proposed site would remove an estimated 10 trees with a combined trunk cross‑section of about 11 square feet, compared with about 37 trees and roughly 75 square feet of trunk area at the alternate site, and that the canopy at the alternate site currently intercepts an estimated 71,000 gallons of rainwater annually versus about 9,000 gallons at the proposed site. “Trees are really remarkable tools on helping to intercept rain water from the canopy as raindrops fall,” Delbridge said in his testimony.

Petitioner representative Mike Carmon argued the requested variance reduced the overall erosion risk to Lake Monroe by minimizing large‑tree removal and preserving forest floor and root structure. “Granting the variance allows us to do this same project in an area that greatly reduces the potential risk of erosion problems,” Carmon told the board.

A public commenter, Sherry Mitchell Brooker, president of Friends of Lake Monroe, urged the board to “find a location and design that fits these zoning requirements,” emphasizing the eco overlay’s purpose in protecting the watershed.

Board discussion focused on whether the petitioner had demonstrated the regulatory standard of practical difficulties, especially whether a reasonable alternative that avoided slopes could be found on the property. Board member Skip Dailey moved for approval, arguing the variance better served the ordinance’s goal of minimizing erosion when the total effects of tree removal are considered. Board member Guy (Lachman/Lofman) dissented, saying the ordinance should be applied where a practical alternative exists that meets the slope standard.

As recorded during the hearing, the board directed that any additional erosion‑control measures recommended by hydraulic or soil engineers be implemented through the required stormwater grading permit. Staff noted the stormwater grading permit and plan review will be required before building permits are issued.

The variance was approved 4–1. The petitioner and staff agreed to have required stormwater and grading permits address detailed erosion‑control measures during construction and operation.

The board moved to the next agenda item after the final vote.