Board approves Davis Homes variances to allow for-sale townhomes and duplexes on annexed parcel

The Board of Zoning Appeals approved multiple variances on Sept. 22 to allow Davis Homes to develop deeded, for-sale townhomes and duplexes on a formerly annexed parcel north of the county line (project listed as the 800 block on Combs Road). The board granted relief from five dimensional standards in the RMC zoning district so the project can proceed as individual lots rather than a single, rental-style multifamily complex.

Attorney Eric Prime represented Davis Homes and said the site was originally annexed and zoned for a rental-oriented development, but the prior plan was not financially viable and the petitioner seeks to construct townhomes (south half of the site) and duplexes (north half) as separate, owner-occupied lots. Prime described the requested dimensional changes as interrelated and necessary to make individually deeded lots viable: smaller minimum lot sizes (requested: 4,600 sq. ft. for duplexes and 2,200 sq. ft. for townhomes, instead of a 4-acre multifamily minimum), reduced lot widths (down to 40 feet for duplex lots and 20 feet for townhome lots), reduced building heights (to 12 feet for duplexes and 20 feet for townhomes), and reduced yard/setback measurements (including a rear setback of 15 feet measured from the alley centerline).

Staff and the board discussed standards for the RMC zone, which permits attached single-family blocks and duplexes operated as a complex. The petitioner said the request preserves the intended aesthetic (rear-loaded units and alley access) but alters how ownership and lotting are organized so the units can be sold individually. Prime also offered a voluntary commitment to provide tree buffering adjacent to an adjoining property and indicated he would provide specific language to be incorporated into the findings.

A neighboring property owner asked whether tree or fence buffering was planned on the property line and whether the change in lotting would increase density; the petitioner said the final lot/unit counts would be clarified in subsequent site-plan review and that the change shifts the site from a single-owner rental model to individual lots, which may reduce the total number of dwelling units compared with one prior proposal.

After admitting the record, the board approved all five variance requests on recorded votes of 5–0 and directed corporation counsel to draft findings of fact for final adoption. The motions approved: 1) reduce minimum lot size to 4,600 sq. ft. (duplex) and 2,200 sq. ft. (townhome); 2) allow 0 feet between attached units and 5 feet exterior sides with a 10-foot minimum between buildings; 3) reduce lot width to 40 feet (duplex) and 20 feet (townhome); 4) reduce building height minimums; and 5) reduce the rear setback to 15 feet from alley centerline.

Next steps: the board asked the petitioner to provide the buffering commitment language for incorporation into the findings and directed corporation counsel to draft written findings of fact for adoption at the next meeting. The petitioner may proceed with site-plan design and building-permit processes consistent with the variances and any conditions that appear in the finalized findings.