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Applicant in VAR 2524 Seeks Another Deferral as Commission Weighs Replat, Blanket-variance Limits
Summary
At a Brookhaven planning work session, staff said the VAR 2524 applicant has not provided new materials and appears likely to request another month-long deferral; commissioners discussed whether replatting to enlarge lots would void a Linwood Park blanket variance and require individual variances.
Speaker 1 opened the work session and asked staff to update the commission on VAR 2524 (Divine Circle). Speaker 2 said staff met with the applicant, discussed alternatives including reliance on the Linwood Park blanket variance, and has not received any new materials; "My understanding is that they want to seek another deferral for another month," Speaker 2 said.
Why it matters: The commission must decide whether to accept a deferral request or proceed. Commissioners focused on a technical point with practical consequences: if the applicant reconfigures or expands lots, they would be creating new lots that no longer qualify for the historic Linwood Park blanket variance, which applies only to lots that existed in 1967. That would eliminate the blanket relief for front-yard setbacks and likely require individual variances to restore existing conditions.
What staff told the commission: Speaker 2 summarized the variance requests staff is reviewing, including a proposed stream-buffer reduction on one lot, reduced rear setbacks on three lots, an impervious-area increase above 35%, and a front-yard setback reduction on one curved lot. Staff said it has not received revised plans or other materials that would change its recommendation.
Commission questions and constraints: Commissioners asked whether replatting could be used to move house footprints farther from the road and thereby preserve the practical effect of the blanket variance. Speaker 1 noted that if lots are replatting to different boundaries, "the Linwood Park blanket variance is gone," and the measurements governing front-yard setbacks would change. Commissioners also discussed city code limits on staff-initiated deferrals and whether the applicant could instead request postponement; Speaker 2 said applicants may request deferrals but staff will only recommend deferral when there is a procedural reason (for example, misadvertising) or if substantive new material is pending.
Next steps: The commission said it will offer the applicant a reopening of the public hearing when the item comes back and will look for any new materials from Public Works (such as minimum detention-pond sizing) that could affect lot configuration. If the applicant formally requests a deferral at the hearing, the commission will process that request; otherwise the commission may need to act on the record.
Ending: No formal vote or motion was recorded on VAR 2524 during the work session; the commission moved on to the next agenda item.
