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Board grants variance for 10‑foot wall at 310 NE 5th Ave to address post‑flood grade differences
Summary
After hearing that the homeowner raised the rebuilt house to meet FEMA flood elevations following severe 2022 flooding, the board approved a variance allowing a wall up to 10 feet where code limits it to 6 feet measured from the lower adjacent grade; neighbors on both sides submitted support letters.
The Planning and Zoning Board approved a variance Thursday permitting a privacy wall up to 10 feet along the north and south property lines at 310 NE 5th Avenue, where code limits walls in required yards to 6 feet measured from the lower adjacent grade.
Tory Boone, zoning manager, explained the requested variance arose after the property owner elevated the lot and rebuilt the home to an approximate 7‑foot finished grade to meet flood‑hazard requirements following a damaging rainstorm in May 2022. Boone said adjacent parcels have substantially lower grades—up to about 4 feet lower—so a 6‑foot wall measured by code would effectively be only two feet from the homeowner’s perspective.
Attorney Ryan Abrams, representing the petitioners, said the wall is designed to retain fill, integrate drainage controls and protect usable outdoor space and privacy. Abrams showed civil drawings of on‑site exfiltration trenches and grading plans intended to prevent stormwater from flowing off the property. He also noted that adjacent property owners had submitted letters of support. A nearby resident urged the board not to set a broad precedent, arguing the neighbor who added fill should be required to remedy impacts. The homeowner, Monica Tuttle, said the family lost their house to the 2022 flood and needs privacy and safety for children in the backyard.
After discussion, the board voted 6–0 to grant the variance with the conditions summarized by staff.
