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Staff Recommends Denial for VAR 2532 at 2853 Redding Road; Commission Cites Code Criteria

Brookhaven Planning Commission Work Session
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Summary

At 2853 Redding Road staff recommended denying a request to reduce a 75-foot stream buffer, noting the lot has ample buildable area outside the buffer and that the applicant's stated purpose (family recreation) does not meet code criteria for a stream-buffer variance.

Speaker 2 introduced VAR 2532 at 2853 Redding Road and told commissioners, "Staff is recommending denial, primarily because they have a massive backyard" and substantial buildable area outside stream buffers. Commissioners reviewed lot dimensions and past permit history; Speaker 2 quantified that the stream and associated buffers cover "8,307 square feet, which is 22.8% of the lot."

Why it matters: A reduction in stream-buffer protections can affect local waterways, tree canopy and downstream drainage; the commission weighs whether the applicant has demonstrated the specific hardship or code basis required to justify a variance from buffer rules.

Details from staff: Staff noted the property totals about 36,458 square feet (well above the RS100 minimum of 15,000), and that approximately 18,279 square feet of buildable area lie outside the stream buffers. Staff also recounted prior permit attempts for a pool that were denied and the applicant's eventual filing for variance.

Commission deliberation: Speaker 1 said the applicant's stated reason — "a safe and reasonable recreation space for the family" — does not align with the code criteria the commission may consider for approving stream-buffer variances. Staff offered recommended conditions that would severely limit allowable disturbance in the buffer if the commission chose to approve, but commissioners observed those conditions could be more restrictive than a simple denial.

Next steps: No formal vote was taken in the work session; the matter remains before the commission with staff recommending denial pending any new evidence or testimony at a formal hearing.

Ending: The commission had no further questions at the work session; staff will include its full recommendation and conditions when the item is noticed for hearing.