Stormwater commission OKs garage variance at 3251 Cloverwood Drive with conditions

The Metro Stormwater Management Commission voted to approve a variance allowing an attached garage at 3251 Cloverwood Drive to remain at base flood elevation rather than the local freeboard requirement, but required staff verification of flood vents and a recorded nonconversion agreement.

Adrian Pasic, owner of 3251 Cloverwood Drive, told the commission he miscalculated the garage elevation by roughly 1 foot and installed smart flood vents after staff raised concerns. "I installed the flood vents after that," Pasic said, adding that raising the garage and driveway now would require extensive cut‑and‑fill and substantially alter the finished site.

Commission staff had recommended that flood vents be properly installed in the garage and that a nonconversion agreement be recorded with the deed. Staff also noted there was roughly 160 cubic yards of compensatory cut on the property to offset any fill. In discussion, staff and commissioners cited Metro’s stricter local standard — a 4‑foot freeboard requirement — and compared it to recent FEMA technical guidance that allows certain enclosed garage spaces at base flood elevation if treated as nonliving enclosures.

"Our regulations have always had this requirement to be a foot above base flood," a commissioner said, noting Metro’s standards have historically reduced flood damages. Commissioners debated whether the applicant met the commission’s statutory standard of exceptional hardship, with some saying the garage is not living space and mitigation reduces the risk and others saying the hardship finding was thin.

After discussion, a commissioner moved to approve the variance with the staff conditions that flood vents be verified as properly installed, that the vents remain uncovered and operable, and that a nonconversion agreement be recorded with the deed. The motion carried; Commissioner Simpson registered opposition on the record.

The commission’s action requires staff to verify flood‑vent installation and to record the nonconversion agreement; the applicant agreed to those conditions. The commission did not change Metro’s broader floodplain policies at the hearing, but several members urged staff to move forward with planned rule changes to clarify how garages are treated under local regulations.

The commission’s next meeting is scheduled for early February; staff will follow up with the applicant to confirm the recorded agreement and vent verification.