The Central Board of Adjustment on an application identified as BOA21-24 approved two variances and denied a third for a proposed dance-studio building at 12362 Hooper Road.

The board approved a reduced roof pitch for walls facing the road — amended so the pitch shall not be less than 2-on-12 — and approved the use of prefabricated metal wall panels on exterior side walls with a condition that the applicant file an agreement with the clerk of court and complete approved exterior materials along the sides within eight years. The board voted to deny the applicant’s request to use limestone for the parking area and drive aisle, and required that the paved drive aisle and required parking be built to whatever standard the fire marshal determines.

Why it matters: the decisions allow the applicant to proceed with a smaller upfront construction budget while creating a multiyear obligation to bring visible exterior walls into compliance. The parking decision ties on-site parking to the fire marshal’s capacity determination, affecting how many spaces the owner must provide and where harder surfacing is required.

The applicant was represented by realtor Tori DeFreitas. DeFreitas told the board she worked with the owners to acquire the property and said the business is a dance studio that has operated in Central for 13 years. “My name is Tori DeFreitas, and I'm just here on Jamie's behalf. Today, I'm actually their realtor,” she said. She and the applicant’s father, Ben Ard, explained the studio’s operations and why the owners requested flexibility on design and surfacing; Ard said the building’s parapet obscures the roof line. “The roof is obscured. You can't see the roof or the roof line behind the parapet wall,” Ard said.

A city planning staff member explained how parking will be set. “According to the code, there is no parking standards for a dance studio, but we did the most compatible use, which would be an indoor recreation or community center, which is 1 space for 10 persons of rated capacity. And the rated capacity is determined by the fire marshal,” the staff member said. Board members and staff said the fire marshal’s determination of rated capacity will establish the number of required parking spaces for the final development plan.

Board discussion addressed three separate variance requests tied to a single application for a 2.16-acre parcel (identified in the hearing as Lot A of the ES Morgan property). The board debated the roof-pitch requirement in the Corridor Overlay District (Appendix 1, Comprehensive Zoning Code), which calls for wall facades and parapets facing roads to show a roof pitch no less than 7-on-12 or to provide at least an 18-inch vertical change over a 25-foot horizontal distance. Staff and the applicant’s representatives said the 60-foot building depth and a parapet facing Hooper Road make a 7-on-12 visual requirement difficult to meet without substantial additional cost or a much higher parapet on the front face.

On exterior materials, the applicant sought permission to use prefabricated metal wall panels on side walls within the Overlay District. The applicant said the sides sit roughly 220 feet back from the road and that full brick or stucco facades are currently cost prohibitive. “Let me tell you what the hardship is. Money. There is no bank involved here. I'm paying for this,” the applicant (Ben Ard) said, arguing for staged improvements.

The board approved the metal-panel variance with a condition requiring the applicant to record an agreement with the clerk of court and to complete one approved exterior material down the sides of the building within eight years; the board also required the applicant to show that filing to staff before receiving a certificate of occupancy. During deliberations members discussed using a time-limited variance to allow staged compliance and noted the practical limits of enforcing a long-term façade obligation unless recorded.

On parking surfacing the board rejected the applicant’s request to use limestone for the paved drive aisle and primary parking. Instead the board required the paved drive aisle and the parking necessary to meet the fire marshal’s capacity to be built with a hard surface (asphalt or concrete); the board indicated that overflow parking or rear-area limestone might remain but denied the variance as presented for the primary parking and drive aisle.

Votes at a glance:
- Deny variance to allow limestone surfacing for the parking area and drive aisle (motion to deny passed; board instructed drive aisle and required parking be paved to fire marshal standard).
- Approve variance to reduce roof pitch on walls facing the road, amended to require a minimum 2-on-12 pitch (motion passed).
- Approve variance to allow prefabricated metal wall panels on exterior side walls in the Corridor Overlay District with condition that an agreement be filed with the clerk of court and that approved exterior materials be installed on the sides within eight years prior to final certificate of occupancy (motion passed).

Key details from the hearing: the parcel was described as 2.16 acres at 12362 Hooper Road; the zoning cited in staff materials was B-5 Large Scale Commercial Business and the Corridor Overlay District; citations for the requested variances included Appendix 1, Comprehensive Zoning Code section 16.2.1.2 and Corridor Overlay sections 203.7, 205 and 209 (as referenced in the staff presentation). The applicant estimated the building cost (excluding site work) at about $270,000 and said the studio typically runs classes of about 15–18 students with two classes overlapping during peak hours. The board and staff repeatedly noted the fire marshal will determine rated occupancy, which then determines required parking using the indoor-recreation standard of one space per 10 persons of rated capacity.

What’s next: the applicant must work with staff on development standards, meet the fire marshal’s capacity-based parking requirement, and, for the metal-panel approval, record the agreed timeline with the clerk of court and present proof to staff prior to a certificate of occupancy. The board deferred election of a chair and vice chair to a future meeting and reminded members to complete required training.