Germantown BZA unanimously approves variance for two‑story garage at 8962 South Holly Brook Lane

The Germantown Board of Zoning Appeals on Jan. 14 approved a variance allowing a two‑story attached garage to encroach into the recorded setback for the property at 8962 South Holly Brook Lane in the Forest Brook subdivision.

The board voted unanimously, 7‑0, to permit the garage addition and resulting building line of 75 feet, 6 inches from the front property line. Chairman Frank Yulehorn cast the deciding yes along with Vice Chair Lillian Meanwell, Vice Mayor Gibson and four other board members.

The request was presented by staff member Sarah Gorlesky, who said the 1.34‑acre lot’s recorded building envelope is constrained by a private drainage easement that bisects the parcel, leaving roughly 6,000 square feet of buildable area on the plat. The applicant proposes an attached two‑car garage with a second story that would remain about 5 feet from the private drainage easement and would not encroach into the public drainage outfall, staff said.

Architect Niraj Kumar, speaking for the applicant, told the board the lot’s current permitted lot coverage is about 13 percent under the recorded setbacks while other lots in the subdivision allow lot coverage between about 25 and 45 percent. “We do truly think that [the recorded setback is] very restrictive,” Kumar said, adding the proposed addition is designed to be consistent with neighborhood character.

Owner Rasa Hashmi said she purchased the property in August 2021 and only learned of the plat building‑area restrictions during the permit application process. “I did not [know],” Hashmi said when asked if she had been aware of the recorded restrictions.

Staff reported that city engineering raised no objection to the addition at the proposed location because it would be the required distance from the city’s public outfall. The homeowners association provided a letter supporting the application; staff received no letters of opposition after the city mailed notices to properties within 300 feet.

Board members who spoke in favor cited the lot’s physical constraints. “I vote yes for the reasons of exceptional, extraordinary exceptional topographic conditions,” Board Member Jacobs said during roll call. Other members said the proposal fits the neighborhood and is the least intrusive way to make the lot usable.

With the vote, staff said the applicant may proceed to building plan submittal consistent with the variance conditions and city engineering comments.

The case was heard as agenda item Case No. 25‑003.