Monroe County BZA deadlocks on Hubley Eco Area 1 variance; case continued

The Monroe County Board of Zoning Appeals on Tuesday split 2-2 on a request from the Hubley Trust to put a single-family home partially on slopes steeper than the county’s Eco Area 1 12% limit, and the case was automatically continued to a future meeting when a full five-member panel is present.

The petition, VAR-24-26, asked for relief from Chapter 8-23’s land-disturbance restriction so the proposed dwelling could be located partly on slopes greater than 12 percent on a 1.26-acre parcel at 8391 South Fairfax Road in Clear Creek Township. Planning staff recommended denial, saying the petitioner had not shown “practical difficulties” because the dwelling could be redesigned or moved to portions of the ridgeline with slopes under 12 percent.

The petitioner’s team, represented by attorney Michael Carmen and arborist Jerome Delbridge, argued the chosen building site is already sparsely treed and would cause less long-term soil loss than moving the house into a denser oak-hickory stand uphill. Delbridge testified that relocating the footprint would require removing many more large, mature trees and that loss of canopy and root structure increases long-term erosion and sediment risk to Lake Monroe. “Comparing the originally proposed site to the alternate site in the dense, healthy forest, I believe we’re going to see a much greater potential for soil loss long term in the latter,” Delbridge said.

Staff countered that lidar-based slope mapping and a certified survey by Smith Design Group show other buildable stretches of the ridge below the 12% threshold and that the petitioner had not provided a complete revised footprint showing the reduced patio and deck area referenced in correspondence. Planning staff’s recommended motion said the petitioner could redesign the house or reduce its dimensions to meet development standards without a variance.

Board members discussed the tradeoffs between protecting stream and lake water quality (the ordinance’s stated purpose for the 12% limit) and preserving mature trees. One member said the arborist report made the case more complex, and another called it “a tough one” because of competing public-policy goals. A motion to approve the variance was made but failed for lack of a second. A later motion to deny the variance was adopted 2-2 (Jeff Morris and Guy Loughman voting yes; Pamela Davidson and Margaret Clements voting no), which by tie vote failed. Because a member who was absent earlier (Skip Daly) will return at a future meeting, the board automatically continued the item.

The petitioner and witnesses were told they should expect to return for another hearing when the board can consider the case with a full complement of members. The record shows the petitioner provided an arborist report, a tree inventory, and a revised statement that removed a patio and reduced deck areas; staff said the petitioner had not yet submitted a revised, certified footprint that would let staff recalculate the exact disturbed acreage above 12 percent.

Votes at a glance - VAR-24-26 (Hubley Eco Area 1 variance, 8391 South Fairfax Road): Motion to deny failed 2–2 (Jeff Morris — yes; Guy Loughman — yes; Pamela Davidson — no; Margaret Clements — no). Outcome: continued until a full board can hear the case.

Why it matters: The case pits the ordinance’s land-disturbance limits — designed to protect Lake Monroe water quality — against on-the-ground erosion and tree-preservation tradeoffs. The board’s split underscores how technical reports (slope maps, arborist analyses and certified surveys) shape decisions about where new homes may be sited on sensitive ridgelines.

What’s next: The BZA continued the petition for rehearing when the absent member can participate. Petitioners were advised to provide a certified, updated footprint and any site-design revisions before the next hearing.