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Board approves after-the-fact Arrowwood Street setback variance with buyer notice and fire-safety conditions
Summary
The Eber Heights Board of Zoning Appeals approved a variance for a home at 3505 Arrowwood Street after the developer agreed to require a notarized buyer acknowledgement and perform engineered fire‑rating work approved by Montgomery County; the vote was 3–0.
On Nov. 12, 2025, the Eber Heights Board of Zoning Appeals approved an after‑the‑fact side‑yard setback variance for a home at 3505 Arrowwood Street, contingent on buyer notification and fire‑safety remediation. The motion passed by roll call, 3–0.
The developer’s representative, Brian Hockett, told the board he returned with a package of conditions the applicant would meet to address concerns raised at a prior meeting. Hockett said the developer will require a notarized document signed by the buyer acknowledging the variance before issuing a certificate of zoning. “We would not get a certificate of zoning for that home, without getting [the buyer acknowledgement] signed and sent to your office here in Huber Heights,” Hockett said.
Hockett also described engineered fire‑safety work to bring the encroaching wall into compliance: removal of existing drywall on the affected side, replacement with Type X fire‑rated drywall inside and a corresponding exterior product to achieve a one‑hour rating, plus a stamped engineer’s drawing submitted to Montgomery County. He said Montgomery County reviewed and approved the plans.
During public comment, Cindy Schwartz objected to approving a variance after construction, saying the zoning conflict “was known before the house was finished” and warning that after‑the‑fact approvals could invite similar requests in other developments. Board members responded that each variance is considered on its own merits and that the board does not set legal precedent.
After the board read the required variance findings and discussed the submitted controls — buyer acknowledgement, engineered fire‑rating work, and an engineer certification process for future lots — a motion to approve BZA case 2507 was made and seconded. The roll call recorded Mister Dean, Mister Mach, and Miss Newby voting yes; the board approved the variance 3–0.
The board and staff directed the applicant to coordinate with city staff and the inspector to ensure the notarized buyer acknowledgement and required inspections are submitted before final zoning certification or occupancy.
