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BZA denies three Spring Creek Village front-setback variances after strong neighborhood opposition
Summary
The board denied three related variances that would have reduced front-yard setbacks in Spring Creek Village (3002, 3017 and 3019 Spring Creek Drive). The applicant said denials would limit builders to 1,300-square-foot homes; neighborhood petition with 40 of 41 homeowners opposed weighed in heavily.
The Augusta Board of Zoning Appeals on Oct. 20 denied three related variance requests from LMP Properties LLC that would have reduced front-yard setbacks at lots in Spring Creek Village, including 3002, 3017 and 3019 Spring Creek Drive.
Kevin Boyd, development services manager, presented the items together and said the three petitions were similar. Each involves R‑1A lots in the Spring Creek Village subdivision; staff noted most lots in the subdivision average about 80 feet in width and 100 feet or more in depth, while the applicant seeks to encroach into the required 25-foot front yard for lots that are narrower or atypical in depth. The single-application requests would have reduced front setbacks to as little as 10 feet on some parcels; the example for one lot showed a requested reduction to 17 feet, an approximate 30% reduction.
Several residents attended and opposed the variances. Homeowner Kim Ridley read a petition signed by 40 of the subdivision’s 41 households urging the board to deny the variances, saying approval would alter the neighborhood’s density and character and create on-street parking concerns. Other residents said they had met with the developer and were offered discounts to buy lots, but maintained they preferred to keep uniform lot placement and existing appearance.
Bradford W. Mary, speaking on behalf of LMP Properties, said the developer met with residents and argued the larger homes requested would better match the neighborhood; he said without a variance builders would place smaller 1,300-square-foot homes on the lots, which he and some residents said would not match surrounding homes.
Board members debated whether the board’s authority extended to the covenant-defined minimum house size and whether buyers should be offered lots. The board’s attorney reminded members they could not require the owner to sell property to neighbors.
A motion to deny the variance(s) was made and seconded. The board recorded its votes and denied the three setback variances. The chair announced each of the three items had been denied; public comment had been received and staff had recommended denial.
