Zoning board grants 13-foot Whitehaven setback but denies higher-density townhouse variances

The Grand Island Zoning Board on July 10, 2025, approved a 13-foot front-yard setback variance for a proposed townhouse building at lot SPL 38.1-3-1.3 on Whitehaven Road but denied the applicant's requests to allow five units per building and to waive density rules, effectively limiting the site to three units.

The board's decision follows more than an hour of testimony from the applicant and multiple neighbors who said the proposed five-unit townhouse would change the character of the neighborhood, raise traffic and drainage concerns and reduce green space adjacent to the golf course. Board members said they were willing to grant the limited road-setback relief but not the denser configuration the applicant sought.

Applicant representatives described a luxury townhouse design that would back onto the golf course and said the parcel is roughly 25,000 square feet. They asked for three variances: a 13-foot reduction to the Whitehaven Road front-yard setback, permission to build five units in one building (the R-2 zoning reference to four units per building was cited by staff), and a density waiver. The applicant said the site would proceed through full site-plan review if variances were approved and that engineering work had addressed prior drainage issues.

Neighbors, including several homeowners from Gulf Forest Hills and nearby streets, opposed the higher-density requests. Resident Susan Boleski said homeowners had expected patio homes or lower-density units when they bought near the golf course and raised concerns about traffic, children walking on Whitehaven and potential stormwater impacts. "This was all new to us when we received these letters about two weeks ago," Boleski said, adding that the reduced setbacks and townhouse façades would change the neighborhood character.

During deliberations, board members discussed the five statutory balancing factors for area variances: whether the variance would produce an undesirable change in neighborhood character, whether the benefit could be achieved by other means, the request's substantiality, environmental impact, and whether the difficulty was self-created. At least one board member said the road-setback reduction was minor and unlikely to be noticeable, but described the requested unit and density variances as substantial and self-created.

The board's formal actions: Member Tim moved to approve the 13-foot setback variance; Member Michael seconded the motion. The motion carried with the board voting in favor. Member Tim then moved to deny the variance requests for increasing the number of units to four or five per building and to deny the density variance; Member Michael seconded that motion, and the board voted to deny. The combined outcome permits only a configuration consistent with three dwelling units on the parcel, subject to site-plan review and other town approvals.

Board members and staff also noted that, should the applicant choose to redesign for three units, only the front-yard setback variance would remain necessary and the project could then move to the standard planning review process. The applicant acknowledged the board's rulings and reiterated that drainage improvements had been made in consultation with town engineering.

The board recorded its rationale on the record: the front-yard setback reduction was not judged substantially detrimental, while the requested increases in units and reductions in required lot area per unit failed the balancing factors and were considered self-created. No timetable for further action by the applicant was recorded during the meeting.

Proposed next steps mentioned during the meeting include a possible resubmittal with a three-unit plan and completion of the town site-plan review if the applicant elects to proceed.

Ending: The board concluded the Whitehaven Road agenda item after voting; members moved on to approve the minutes and adjourn the meeting later that evening.