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Board defers decision on duplex side‑setback variance after neighbor complaints and stormwater concerns
Summary
The board deferred a variance request for two recently constructed duplexes at 1818 Ashton Avenue after neighbors raised complaints about property damage, drainage and proximity; the board asked the applicant to consult Metro Stormwater and provide mitigation proposals before the next hearing.
The Board of Zoning Appeals deferred consideration of a side‑setback variance request for two newly built single‑family structures at 1818 Ashton Avenue, citing neighbor complaints about construction impacts and requests for stormwater mitigation.
Applicant representatives said the structure encroached about 6 inches due to a contractor marking error and submitted an as‑built survey showing one unit sits roughly 4½ feet from the side property line where a 5‑foot setback is required. Randy Williams, a contractor for the project, told the board “we paid for a surveyor” and said the error was an unintentional mis‑mark by the concrete crew. Haroon Sultan and a co‑owner said the development team would be willing to add low landscaping in the gap as mitigation.
Neighbors Cheryl and Joni Cheeves described repeated construction‑related damages to their long‑standing house at 1820 Ashton Avenue, including a ripped meter connection, damage to siding, and new stormwater runoff to their lot following the grading and house fill. Cheryl Cheeves said crews continued to work under stop‑work orders and that promised repairs had not been completed; Joni Cheeves said flooding and foundation concerns followed the adjacent construction.
Board members said they were troubled by neighbor testimony about drainage and property damage and asked the applicant to meet with the Metro Stormwater Department and submit a drainage mitigation or vegetative buffer plan. Board discussion focused on whether conditions could mitigate neighbor injury without demolishing recently completed work. The board voted 4‑0 to defer the case to the March 6 meeting and asked the applicant to present stormwater/runoff mitigation options in writing.
No final variance was granted or denied at the hearing; the board left the record open for a follow‑up plan, and staff indicated the applicant should consult with stormwater staff and submit documentation in advance of the rehearing.
