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Germantown board approves 25‑foot setback variance for 2314 Duntree Road
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Summary
The Germantown Board of Zoning Appeals unanimously approved a variance Feb. 10 allowing a 25‑foot side‑yard setback for a proposed garage at 2314 Duntree Road after staff and applicant counsel said historical subdivision decisions created an unusual lot configuration; one nearby resident objected, citing sight‑line and neighborhood character concerns.
The Germantown Board of Zoning Appeals voted unanimously Feb. 10 to grant a variance allowing a 25‑foot side‑yard setback for a proposed garage at 2314 Duntree Road.
Planning staff told the board the property (Lot 10B) was annexed into Germantown in 1987 and that the existing house on the lot was built in 1968. Staff said the lot was created through earlier subdivision activity and that city zoning code ordinarily requires a 60‑foot front‑yard setback for RE‑1 residential estate lots and special consideration for corner lots; the applicant seeks relief so the garage may be set 25 feet from the property line instead of meeting a 60‑foot front‑yard requirement on the street‑facing side.
“The application before you today is a request for a variance to 2314 Duntree Road,” planning staff said, citing the relevant setback provisions in the city code and noting letters of neighbor support and one letter of concern had been included in the packet.
Mark Jobe, counsel for applicant Dr. Anton Diaz Pereira, argued that the subdivision history and the presence of a private drive and common open space created an extraordinary situation. Jobe said neighbors maintain the narrow private drive (Walden Woods Cove) as common open space and that treating that drive as a public street would impose a 60‑foot setback that does not reflect how the area was developed. “We respectfully request approval here and, hopefully, can get this project underway,” Jobe told the board.
A resident who identified himself as Paul Mortimer of 2323 Duntreeth Road spoke against the variance, saying he received notice of the application days earlier and expressing concerns about the size of the proposed workshop/garage and its effect on sight lines and the visual character of the Walden Woods Cove streetscape. “I think this will be impactful for those and … be a step backwards for Germantown,” Mortimer said.
Board members questioned staff and counsel about whether the private drive should be treated as a street for setback purposes, the location of existing landscaping and buffers, exact pavement and right‑of‑way measurements (staff noted a 40‑foot right‑of‑way with 24‑foot pavement), and the specific placement of the garage relative to the cove. Staff offered to provide additional documentation on construction dates and pointed to the subdivision plat and the packet materials.
Mr. Bland moved to approve the variance to allow a 25‑foot side‑yard setback on the south side of the lot at 2314 Duntree Road in the RE‑1 zoning district, subject to staff comments and the submitted site plan; Mr. Jacobs seconded. The board approved the motion by roll call: Mr. Bland, Mr. McDermott, Mr. Jacobs, Mr. Towne, Vice Mayor Gibson and Vice Chair Meanwell voted yes. The motion passed.
The approval allows the applicant to proceed under the conditions discussed and the site plan submitted with the application; staff will follow up as needed on any technical clarifications and permit processing. The board moved on to housekeeping items and adjourned the meeting.
