Board of Zoning Appeals approves multiple variances, denies Chick‑fil‑A bypass lane request

The Board of Zoning Appeals on Feb. 10 adopted written findings and approved a string of variance requests for commercial and residential properties, denied a variance request for a Chick‑fil‑A drive‑through bypass lane and continued one petition after the petitioner was not available on video.

The board, chaired by an unnamed presiding officer, opened the meeting by approving minutes from Jan. 27, 2025, and then moved through several findings-of-fact motions that the board adopted as final action. Multiple development‑standards variances for commercial sites were approved unanimously; notable actions included approval of a three‑part variance for a proposed Chase Bank at the southeast corner of State Road 135 and Smoky Road, and approval of two residential accessory‑structure variances. The board denied a request to waive the required bypass lane for a proposed Chick‑fil‑A at the northwest corner of I‑65 and East Main Street by a 4–1 vote.

Why it matters: the approvals allow developers to proceed toward final plan submittal and staff will prepare written findings to be adopted as the board’s final decisions. The Chick‑fil‑A denial requires the petitioner to revise site plans to meet the Unified Development Ordinance or seek a different site; one petition was continued because the petitioner could not be sworn in without video.

Votes at a glance - BCA 2024‑054 (development standards variance; Blue Scapes Pools / 491 West Main Street): Board adopted written findings as final decision; motion carried, 5–0. - BCA 2024‑055 (development standards variance; Joseph Latimer on behalf of Chick‑fil‑A / NW corner I‑65 & East Main): Written findings adopted earlier; on separate consideration the board denied the petitioner’s request to waive the bypass lane requirement for the drive‑through. Motion to deny carried 4–1. The board directed corporation counsel to draft written findings of fact for the denial; that drafting motion carried 5–0. - BCA 2024‑057 (development standards variance; Rotman Collier Architects / 1251 US‑31 North): Written findings adopted as final action; motion carried, 5–0. - BCA 2024‑058 (development standards variance; Michelle F. Hunte on behalf of Amarok / 2157 Stacy’s Way): Written findings adopted as final action; motion carried, 5–0. - BZA 2024‑059 (development standards variances; Chase Bank / 5983 N. State Road 135): The board approved three variances — reducing masonry from 50% to 38% on the west facade, reducing required transparency on the east facade from 30% to 8%, and allowing different exterior materials on side and rear facades — each with the condition in the staff report that final plans substantially conform to the submitted elevations (Exhibit B). Motions carried, 5–0. The board directed corporation counsel to draft written findings; that motion carried, 5–0. - VZA 2024‑060 (side‑yard accessory setback; Janice Fletcher / 562 Winding Trail): Because the petitioner could not be sworn in on video, Fletcher waived additional testimony and the board acted on the staff report. The board approved reducing the side‑yard accessory setback from 10 feet to 3 feet with no conditions. Motion carried, 5–0. The board directed corporation counsel to draft findings; that motion carried, 5–0. - BZA 2024‑061 (setback and accessory structure variances; Gregory McCart / 650 East Park Avenue): The petitioner was not available to present via video or in person; the board continued the petition to the Feb. 24 meeting. Motion to continue carried, 5–0.

What the board discussed and next steps - Chick‑fil‑A bypass lane denial: Board members expressed concerns about traffic and whether the bypass lane waiver would be injurious to public safety and circulation. The denial requires the petitioner to revise the site plan to comply with the Unified Development Ordinance or seek an alternate site. The board directed the corporation counsel’s office to prepare findings on that decision for adoption at a future meeting.

- Chase Bank (5983 N. State Road 135): Petitioner representative Chad Mays described the proposal as a 3,410‑square‑foot Chase Bank with 28 parking spaces on a commercial parcel within the Kroger master development. The applicant requested three variances related to facade masonry percentage, transparency and side/rear materials; planning staff recommended approval and the board adopted the variances with the staff condition that final plans substantially conform to the approved elevations. Planning staff summarized their recommendation, saying, "We are in favor of all 3 variances," and noted that banks frequently have multiple frontages and security requirements that limit transparency on some elevations.

- Residential accessory‑structure variances: The board approved requests to reduce accessory setbacks and to allow two accessory structures for separate residential properties after staff reported limited neighborhood impact and compliance with notice requirements.

- Procedural and access issues: At least two petitioners were unable to provide video for remote testimony; the board repeatedly noted that without visual presence it could not legally swear in remote participants and therefore could not accept additional testimony beyond the staff report. In one case the petitioner, Janice Fletcher, explicitly waived extra testimony and the board proceeded based on the staff report.

The board repeatedly directed the corporation counsel’s office to draft written findings of fact for each final decision. Those drafts will be returned to the board for adoption as the official final actions at a subsequent meeting.