Board denies reconsideration request on prior decision; members suggest ordinance review
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Summary
The board voted to deny a request to reopen a recent case. Multiple commissioners said they retained concerns—especially about attic/FAR language—and recommended a working group or formal code amendment rather than rehearing the case now.
The Board of Adjustment considered a formal request to reconsider a recent unanimous decision (related to interpretation of gross floor area and attic definitions). After debate over whether the applicant had submitted new evidence and concerns that revisiting the case could unsettle prior unanimous action, the board voted to deny reconsideration.
Some members, including Commissioners Poteet and Bowen, said they still had concerns about the board’s language regarding attic-area exclusions and the broader policy implications for duplex and NCCD rules. Legal staff advised that reconsideration requires new written materials submitted by the party seeking reconsideration; absent that, the board denied the request. Several commissioners suggested a staff-led working group or a council-floor ordinance change to address the attic/FAR ambiguity and other unintended consequences.