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Planning commission denies appeal of permit for 6315 Smithtown Road 'car barn'
Summary
The Planning Commission denied an appeal seeking to rescind building permit P2024-0781, rejecting neighbors’ arguments that a proposed 6,012-square-foot garage is a detached commercial use that violates Victoria zoning rules. Staff said the plans show a dwelling and measured height below 35 feet; the commission found no code error and denied the appeal.
The Planning Commission voted to deny an appeal of building permit P2024-0781 for the property at 6315 Smithtown Road, leaving the city’s approval in place after a public hearing and deliberation. Commissioner Sikoras moved to deny the appeal; Commissioner Ream seconded, and the chair announced, “The motion carries.”
Appellant Christopher Keppel and his attorney, Daniel Sathry of Hellman and Johnson P LLC, argued the permit authorizes a separate, 6,012-square-foot garage that exceeds accessory-structure limits and should have been treated as a detached commercial use. Sathry said the plans show a garage footprint of “6,012 square foot” and argued the breezeway connecting the garage and house does not create a common vertical wall, making the garage a detached accessory that violates several Victoria Ordinances, including sections 24-1-d, 24-1-e and 18-10-b and -o.
Neighbors who spoke at the hearing described the proposal as out of character for the Sunny Shadows neighborhood. Wendy Asplund said the building “looks like having a Tires Plus in my backyard,” and described recurring construction traffic and safety problems on the cul-de-sac. Heidi Kehoe said she expects a structure of the proposed size and height would “box in” her property and expressed concern about sightlines and property values. Derek Eutrom, a next-door neighbor, told commissioners the structure belongs in a commercial area, not a small residential neighborhood.
City staff reviewed the three claims in the written appeal and told the commission the building plans show residential features — “five bedrooms, seven bathrooms, and a kitchen” — and that the measured building height does not exceed the 35-foot limit. Staff also reported that the garage is attached to the dwelling because it shares common footings and has common walls and mechanical/electrical connections; Building Official Scott McCarty answered commissioners’ technical questions about the foundation and confirmed the footings are continuous between the house and the garage.
An unidentified commissioner framed the central legal question as whether the breezeway renders the garage detached under Victoria’s zoning definitions: “If but for this breezeway, I think we would all agree that it's within the scope of the ordinances,” the commissioner said, indicating the attachment determination was dispositive. Commissioners ultimately concluded the record and staff measurements supported the city’s approval and found no basis to rescind the permit.
The commission’s action leaves permit P2024-0781 intact. Staff noted that if the property were later used for an impermissible commercial purpose, enforcement options would be handled separately through the City Attorney’s office. The commission adjourned after the vote.
Votes at a glance Motion: Deny the appeal filed by Christopher Keppel regarding building permit P2024-0781 (6315 Smithtown Road). Mover: Commissioner Sikoras. Second: Commissioner Ream. Outcome: Motion carried; appeal denied (chair stated “The motion carries”).
