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Montgomery City Board of Adjustment approves variances and exceptions, denies one chicken permit
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Summary
The Board of Adjustment heard multiple special-exception and variance requests, approving a private allied-health school, a place of worship, several yard and structure variances, a fence, a mobile home placement and a request to keep goats — and denying one chicken permit after board members cited photographic/video evidence of a rooster.
The Montgomery City Board of Adjustment on an evening meeting heard requests ranging from backyard animals to a private allied-health school and approved most requests, while denying one chicken permit after members said they’d received evidence of a rooster.
Vice Chairman George Howell presided over the meeting of the nine-member board, with six members present. The board laid out standard hearing rules before calling items. Bridal Jose Rosales Morales asked for permission to keep four chickens at 3115 Lucian Lane and told the board he had removed a rooster; board members said they had photographic and video evidence that a rooster had been crowing. Board member Barry Robinson moved to deny the request on that basis; the motion carried unanimously. "Sorry. You can't keep chickens," Howell said after the vote.
Later, Pablo (transcript: "Paulo") Lopez Luna requested a special exception to keep four hens at a property on Elmsmeade Drive. Neighbor Robina Jenkins described the enclosure as a covered, well-constructed coop and supported the request. The board approved Lopez Luna’s request unanimously and added a condition that the coop comply with city guidelines.
Other approvals included a special exception for a private allied-health school at 1231 Perry Hill Road to train phlebotomy and allied-health students (Marnita Palmer); a coverage variance and accessory-structure exception for a metal storage building on agricultural property (Clarence Wood); a special exception to use 5880 East Dale Drive as a place of worship and outreach with an estimated 200 Sunday attendees and 35–40 parking spaces (Kimberly McKinney); front- and side-yard variances for a residence in Wind Lakes (Thomas Speaks presenting for Stewart Vance); and a 10-foot privacy fence to the front property line for Nightmare Recovery & Towing at 4900 Norman Bridge Road (Darnell Bennett). In each of these items the board voted to approve the request, and staff was asked to ensure any structures or parking conform to city regulations.
Jose Alejo received approval to leave a mobile home for living purposes on 465 Hunterbrook Road after stating he owned the land and presenting documentation that the parcel was not in a flood zone. Dahanie Duncan was granted a special exception to keep four goats at 120 West Hannon Street; members confirmed the animals were penned and reported no complaints. An applicant for a real estate school (Norman Slimmer) did not appear and the board passed that item to next month. The board approved the minutes from the prior meeting and adjourned.
Votes at a glance - Item 2 (3115 Lucian Lane, Bridal Jose Rosales Morales): Motion to deny permission to keep 4 chickens — Motion by Barry Robinson; second not specified on the record; outcome: denied (unanimous). - Item 3 (Elmsmeade Drive, Pablo/Paulo Lopez Luna): Special exception to keep 4 hens — approved with condition that coop comply with city guidelines (unanimous). - Item 4 (1231 Perry Hill Road, Marnita Palmer): Special exception for private allied-health school — approved (unanimous). - Item 5 (Clarence Wood): Coverage variance and accessory structure (metal storage building) — approved (unanimous). - Item 6 (5880 East Dale Drive, Kimberly McKinney): Special exception for place of worship/outreach (~200 Sunday attendees, 35–40 parking spaces) — approved (unanimous). - Item 7 (Stewart Vance, presented by Thomas Speaks): Front/side-yard variances for an existing dwelling/addition — approved (unanimous). - Item 8 (4900 Norman Bridge Road, Darnell Bennett / Nightmare Recovery & Towing): Front-yard and height variance for 10-foot privacy fence — approved (unanimous). - Item 9 (465 Hunterbrook Road, Jose Alejo): Leave mobile home for living purposes — approved (unanimous). - Item 10 (120 West Hannon Street, Dahanie Duncan): Special exception to keep 4 goats — approved (unanimous). - Item 11 (Norman Slimmer, real estate school): Applicant absent — item continued to next month.
What happened and why it matters The board applied established zoning standards and city guidelines to decide requests for animals, accessory structures and uses in commercial and residential zones. The denial of the chicken permit hinged on board members’ assertion of photographic/video evidence of a rooster, which is prohibited; the board approved a separate, similar chicken request after verifying the coop and imposing a compliance condition. The meeting also cleared several business and educational uses for commercial-zoned properties and granted variances tied to lot geometry and existing conditions.
The board did not set dates for any required follow-up inspections in the record; staff was directed in several approvals to ensure applicants meet city coop/parking/lighting guidelines before final compliance. The next regular meeting will consider items continued or not presented tonight.
Sources: Board testimony and motions recorded at the Montgomery City Board of Adjustment meeting (transcript).
