Council accepts Planning Commission27s denial of appeal to rescind building permit at 6315 Smithtown Road

The Victoria City Council accepted the decision of the Board of Adjustments and Appeals to deny an appeal of a building permit for a property at 6315 Smithtown Road.

City Planner Brian McCann summarized the case on the record: "Our zoning code says that the Planning Commission shall act as the Board of Adjustments and Appeals when appeals come through." McCann said the Board held a hearing Dec. 17, 2024; the appellant and attorneys and several neighbors spoke and asked the board to rescind the building permit. McCann reported the building official and associate planner completed their reviews and that the Board denied the appeal, finding the three claims unjustified and that the permit met applicable building and zoning regulations.

One councilmember who said he previously served on the Board of Adjustments and is familiar with the neighborhood — identified in the record as Councilmember Pedersen — told residents the board had researched state statutes and local ordinances and found the permit complied with requirements. Councilmember Pedersen said staff and the board concluded the structure met the applicable standards.

Councilmember Pedersen moved to accept the Board of Adjustments decision; a second was made. The council voted by voice and the mayor declared the motion carried.

The appellant27s three claims, as summarized on the record, were that the structure was not a single-family home as the permit stated, that the garage should be considered detached despite a connecting corridor, and related zoning concerns; the board found those claims unjustified. The council27s action was limited to accepting the board27s decision as required by city ordinance; no further council action was recorded on the item.