Brookhaven Board of Appeals denies side-yard variance for Winding Lane garage

The City of Brookhaven Board of Appeals voted to deny VAR25-00026, a request to reduce the interior side-yard setback for a detached garage at 2693 Winding Lane.

Courtney Willis, the landscape architect for homeowners Betsy and Clay Hale, said the lot is nonconforming (zoned RS-100, front width ~84.5 feet and narrowing in the rear to about 76 feet) and asked for a reduced setback to avoid extending the driveway and to keep impervious surface low by using permeable pavers. Clay Hale (homeowner) told the board he wants a small single-car garage near the house to avoid parking on the street and to keep the property functional for his family.

Staff had recommended denial, citing code requirements and the four denial criteria in the staff report. During discussion a board member characterized the request as a potential special privilege and urged adherence to staff reasoning. One board member said staff's citations were "irrefutable" and recommended denial.

A motion to deny VAR25-00026 was made and seconded. The chair announced the motion "carries 3 2 1," and declared the variance request denied. The chair explained a denial prevents a similar side-yard setback request for two years unless the applicant withdraws the application and reapplies.

The applicant was offered the option to withdraw rather than receive a denial; the board proceeded with the motion. The denial leaves in place the existing side-yard requirement for the property unless the applicant pursues withdrawal or a reapplication after the two-year window.