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Board grants waiver to refile special-exception case after applicant cites changed circumstances
Summary
The Board of Adjustment voted 5–0 to waive a two‑year limit so an applicant can file an updated site plan for a previously approved fence special exception (BDA234‑129). The board noted changed circumstances and reminded the applicant of the 180‑day permit pull rule tied to prior approvals.
The Board of Adjustment on April 15 granted a request to waive the city’s two‑year limitation that otherwise would have prevented re‑filing for the same property. The action concerned BDA234‑129, an application tied to a special exception the board approved on Nov. 19, 2024.
Jay Neri moved to waive the two‑year limitation, saying the applicant had shown changed circumstances related to where packages are delivered and some fence‑layout modifications; Kathleen Davis seconded. The board voted 5–0 to allow the applicant to file a new application and revised site plan.
Applicant Jeff Howard, a contractor, told the board the proposed revisions are small and include relocating a package drop area and deleting two unnecessary columns. The board’s legal adviser, Daniel Moore, noted that waiving the two‑year limitation does not change permit timing rules: an approval from Nov. 19, 2024, triggers a 180‑day permit pull period, and any previously approved site plan will expire if a new site plan is filed. Moore said a new approval would create a new 180‑day period.
Board members said the waiver is limited to allowing staff to accept a new application and does not approve any new site plan. The applicant was advised he would still need to pay the filing fee when reapplying and that staff would note prior history in the file when the new case is heard.
