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BZA denies addition variance at 6109 Creekhead Road after neighbor complaints and permit issues
Summary
The board denied a setback variance application for a property on Creekhead Road after neighbors reported construction without permits and encroachment onto adjacent property; the denial was without prejudice so the owner may reapply.
The City Board of Zoning Appeals denied BZA-250047, a request to reduce the interior side setback in the AG zoning district from 35 feet to 24 feet for an addition at 6109 Creekhead Road. The denial was entered without prejudice.
The board heard opposition from a next-door neighbor, Michael Mills of 6113 Creekhead Drive, who said the property owner began construction without obtaining permits, continued work after the city issued a stop-work order, removed vegetation that encroached on adjoining yards and had not appeared at the hearing. Mills also reported ongoing concerns about erosion and stormwater near a creek that runs behind the lots and said he planned to pursue civil remedies.
City staff explained inspection and permitting procedures: building inspectors had issued a stop-work order after observing unpermitted construction and the project later applied for permits, during which plan review identified the setback deficiency. Board members discussed whether to postpone hearing the case until the property owner could appear; members were told postponement can hold up enforcement steps by neighborhood codes because an active application remains before the BZA. Given the record and the absence of the applicant, the BZA voted to deny the variance without prejudice to allow a future reapplication.
The denial does not substitute for separate enforcement action. Board members and staff noted that continued unpermitted construction or damage to adjoining property can be pursued by building inspections and neighborhood codes, which have separate enforcement authorities and can bring cases before the public officer.
The board’s action leaves open the applicant’s ability to reapply; staff noted a standard one-year bar applies to refiling the same request unless the board denies without prejudice. Neighbors were advised to work with inspection and neighborhood code staff for enforcement options.
