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DRC denies unpermitted enclosure at 2320 Marion Street, orders removal within 30 days
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Summary
The DDRC denied an application to retroactively approve an 11‑square‑foot side‑entry enclosure at 2320 Marion Street in the Cotton Town/Bellevue historic district, finding it inconsistent with section 4 of the district guidelines and ordering the enclosure removed within 30 days.
The Design Development Review Commission denied a request to approve an enclosed side entry at 2320 Marion Street, concluding the enclosure does not comply with section 4 of the Cotton Town/Bellevue Architectural Conservation District guidelines and must be removed within 30 days.
Staff told the commission that the enclosure—about 11 square feet—was constructed without prior review or permits and that a stop‑work order was issued in March 2026. Staff recommended denial and recommended removal within 30 days, citing guideline language that favors transparency for enclosures visible from the public right of way and that enclosures should be reversible and minimize visual impact.
Property owner Kelly Gallagher addressed the commission and repeatedly argued the enclosure met the guidelines for minimally visible additions on the least‑conspicuous side of a corner lot. Gallagher said she believed she was making a minor repair and did not realize a permit was required. She quoted guideline language saying additions for “genuine needs” may be permitted and presented a neighborhood photo survey she said shows comparable enclosures. Gallagher offered to modify the structure with a window to increase transparency.
Neighborhood representatives Denise Wellman (resident and longtime board member) and Perry Rainey (president of the Cottontown board) urged denial, saying neighbors had submitted multiple letters objecting to the enclosure, that the owner did not follow process, and that the addition would detract from the district’s historic character.
Commission discussion focused on whether alternative designs were considered, whether the enclosure’s materials and visibility met the guidelines, and whether the matter also required zoning relief (staff said the enclosure did not meet zoning and would require a variance in addition to design approval). One commissioner emphasized the value of early consultation with staff to identify compliant solutions.
A commissioner moved to deny the application on the grounds it does not comply with section 4 of the guidelines, and the motion was amended to require removal within 30 days. The motion passed on roll call. Staff and commissioners suggested the applicant may return after working with staff on alternative designs that meet the guidelines and zoning requirements.
The denial is a final action of the DDRC; staff noted other permitting processes (zoning, building code) remain separate requirements for the property.
