The Board of Zoning Appeals approved a development-standards variance on Dec. 19 allowing driveway access from Lindbergh Drive for a property owned by Heath Atkins after staff explained a karst conservancy easement takes the rear portion of the lot and prohibits land-disturbing activities needed for alley access.

Planning staff presented aerials showing the property between Lindbergh Drive and an improved alley and explained the karst feature required establishment of a conservancy easement that consumes the rear portion of the lot. Staff said strict application of the Unified Development Ordinance (which generally requires alley access where an improved alley exists) would make providing a driveway impossible without a variance and concluded that granting the variance would not be injurious to public health or safety. Staff recommended approval with the condition that driveway design and placement follow the packet specifications.

Petitioner Heath Atkins — sworn at the hearing — offered a brief statement: he requested driveway access from Lindbergh Drive "due to the car's feature in the back preventing a driveway coming through there." (Petitioner spoke directly that the conservancy easement prohibits alley access.) No members of the public spoke for or against the request.

A board member moved for approval, a second was recorded, and the board voted unanimously to approve the variance conditioned on constructing the driveway per the packet specifications. The recorded yes votes were Throckmorton, Ballard, Burrell and Clapper. The board closed the hearing and adjourned the meeting after approving this petition.

The approval allows the petitioner to proceed with driveway design per the packet and requires the petitioner to comply with engineering and plan specifications before final permits are issued.