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Board leaves Atkinson Lane setback request tied, to return at next meeting
Summary
A motion to grant a contextual-setback variance for 725 Atkinson Lane produced only two affirmative votes on Jan. 15, leaving the request tied under board rules; the item remains on the agenda for the Feb. 5 meeting so absent members can review the record.
The Board of Zoning Appeals on Jan. 15 considered a variance request for a shallow corner lot at 725 Atkinson Lane that sought platted setbacks of 60 feet on Atkinson and 50 feet on Templeton Drive. The applicant's attorney said the lot depth and shape create a hardship under the newer contextual-setback provisions; neighbors presented a petition and urged denial, saying the change would set an undesirable precedent and alter the street pattern.
Board members debated whether a narrow, irregular lot footprint constitutes the type of hardship that justifies variance relief in a neighborhood where a contextual overlay was adopted to preserve existing patterns. One board member proposed a compromise approval tied to the existing home's built line (a smaller variance); when the board voted a motion on a compromise the result was a split with only two affirmative votes. Under board rules, four affirmative votes are required to grant relief, so the motion was recorded as tied and will remain on the table. The proceedings, including the neighbors' petition and counsel presentations, will be provided to absent members for review before the February 5 meeting when the board can revisit the item.
