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ZBA denies appeal of floodplain finding for 300 E. Miller, asks owner to supply more data
Summary
The Burleson Zoning Board of Adjustment voted Dec. 18 to deny Philip Jones’s appeal of the floodplain administrator’s substantial-improvement determination for 300 E. Miller, finding the application lacked required cost and elevation documentation; staff said the owner may supply additional materials or seek a variance.
The Burleson Zoning Board of Adjustment voted Dec. 18 to deny an appeal by Philip Jones challenging the floodplain administrator’s determination that the data submitted was insufficient to decide whether proposed renovations to his 1958 house at 300 E. Miller meet FEMA’s “substantial improvement” threshold.
The board’s decision follows a staff presentation by Michelle McCullough, deputy director of development services and Burleson’s floodplain administrator, who told the board that the applicant’s packet lacked the detailed, itemized cost list and an elevation certificate required under Burleson Code Chapter 42 and FEMA/NFIP guidance. McCullough said staff and a third‑party consultant concurred the submission did not permit a determination and therefore staff could not recommend approval of the appeal or variance request.
Board members pressed staff on whether a more recent private appraisal could change the 50% substantial‑improvement calculation and whether certain items (for example, plug‑in appliances) must be included in the cost total. Building official Dylan Whitehead confirmed that the city may use the Johnson County appraisal district’s valuation as a starting point but will accept a private appraisal submitted by the property owner. McCullough said plug‑in appliances typically do not count against the improvement total but that numerous other items must be documented for a proper determination.
Philip Jones, who identified himself as the property owner, told the board the house has not flooded in its 68‑year history and that his work aims to make the home livable and safe, including electrical, plumbing and mechanical upgrades and an unenclosed rear porch. Jones said health problems delayed the project and that he had submitted some materials (a survey) but not an elevation certificate; McCullough said an elevation certificate is required to determine the lowest finished‑floor elevation and applicable requirements.
Development services director Tony McElhain told the board the issue before them was whether staff applied FEMA and local rules correctly; he encouraged Mr. Jones to work with staff to provide the missing information or to return later with a targeted variance request. After the public hearing closed, a motion to deny the appeal of the floodplain administrator’s interpretation carried; the chair announced, "The motion passes." The meeting record did not include a roll‑call tally for the vote.
The board did not find that the owner could never proceed with work; staff said the applicant may submit a private appraisal, the detailed itemized cost list, an elevation certificate and other requested documentation so staff can complete a determination, or alternatively request a variance for the specific code section if appropriate.
The board also discussed precedent and asked staff to make available data on prior similar determinations. Staff said relevant records of prior remodeling and FEMA‑related documents are available and that staff will continue discussions with the applicant.
The public hearing record and staff files list the ordinance at issue as Burleson Code of Ordinances, Chapter 42 (Floods) and reference FEMA/NFIP substantial‑improvement guidance and 44 C.F.R. standards as the federal regulatory framework.
