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BZA grants variance for shed, pergola and impervious encroachments at Freemanville Road property
Summary
The BZA unanimously approved a three-part variance at 13165 Freemanville Road allowing an existing shed and pergola to remain and impervious-area encroachments for a walking trail and fire pit, conditioned on the variance exhibit and permitting.
The Milton Board of Zoning Appeals approved a three-part variance for 13165 Freemanville Road on Feb. 18 to permit an existing shed and pergola that encroach on setback requirements and to allow a walking trail and fire pit to remain inside a 75-foot impervious setback.
Staff said the 4.3-acre lot in the Bridal Ridge subdivision (zoned R-2, rural Milton overlay) contains a shed and pergola believed to date from the 1980s and not visible from the street. The noncompliance was discovered when the applicant applied for a detached-garage permit on Oct. 21, 2024.
Applicant Brett Samuels, who said he and his wife purchased the property in January 2020, told the board the shed and pergola were present when they bought the house and that they have renovated and maintained those features. Samuels said the walking trail and fire pit were uncovered during property clean-up and are located well above the nearby pond during recent heavy rains.
Staff and the Development Review Board recommended approval with one condition: the variance must conform to the variance exhibit from DGM Land Planning Consultants Inc. (received 01/16/2025) and relevant permitting must follow.
Motion and outcome: The motion to approve V25-02 (13165 Freemanville Road) was made by Billy Harmon and seconded by Lauren Holmes and passed unanimously.
If the variance is approved, the applicant must proceed through the Community Development Department permitting process for the accessory structures and follow the approved variance exhibit.
