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Board of Zoning Appeals grants rear-setback variance at 423 Albemarle Drive
Summary
The Board of Zoning Appeals approved a variance, 5-1, allowing an eight-foot encroachment into the rear setback for a covered porch at 423 Albemarle Drive after staff and applicants described lot constraints and HOA square-footage requirements.
At a concurrent Board of Zoning Appeals meeting, members considered a variance request from Brent Gregory for 423 Albemarle Drive and voted 5-1 to grant an 8-foot rear-setback variance.
Applicant "Brett," a local contractor representing the property owner, said the lot is at the back of the Macon Manor subdivision and that fill and lot slope reduced usable rear-yard area; he requested an 8-foot setback reduction to build a covered porch to provide shade for his family. He told the board he met HOA requirements for house square footage and that neighbors did not object.
Board members discussed the standard four findings for variances, the lot’s cul-de-sac geometry, and whether granting the variance would harm neighboring properties. A Public Works representative asked whether a drainage swale at the back of some Macon Manor lots would fall inside the proposed setback; the applicant identified the adjacent property. Staff had reviewed the application and confirmed the submission was complete; staff also provided an opinion that the lot is smaller than surrounding properties and that harm would likely be minimal.
The BOZA voted 5-1 to approve the variance; Commissioner Rice voted in opposition. The board set the next BOZA meeting for Dec. 15 at 4:30 p.m.
The variance will be documented in BOZA findings of fact and serve as the permitting basis for the porch construction if the applicant proceeds.
