Albany zoning board denies impervious-coverage variance for 195 Uplit Avenue after neighbor flooding concerns

The Board of Zoning Appeals for the City of Albany voted to deny area variance 2025-16 (project 00624) for 195 Uplit Avenue on Wednesday, March 11, 2026. The application, listed in the record as submitted by Joel Newbie, sought permission to increase impervious lot coverage to 42 percent in an R1L (residential single-unit low-density) zoning district, where the code permits a maximum of 30 percent.

At the start of the item the board described a pattern of work already completed on the parcel and testimony from neighbors documenting runoff and flooding of the downhill property. "The work is already done here," the Chair summarized during the board's overview, adding that the new grading and construction have caused damage and ongoing flooding at an adjacent site. Board members stressed that the condition appeared self-created.

A board member moved to deny the variance and the motion was seconded. One member confirmed "Yes, that's three" affirmative votes to carry the motion and the board announced the variance was denied.

The Chair told the public that the board's role was to decide the variance request and that enforcement and any subsequent remedy are the responsibility of the City of Albany building department. Planning staff said the matter would be forwarded to the building department for follow-up and potential prosecution of any code violations.

The decision does not itself prescribe specific remediation steps; the board's vote closes the variance proceeding and routes enforcement to the city's building officials. Interested parties were advised to contact the City of Albany building department for information about next steps.

What happens next: staff will prepare the written decision and forward the file to the building department for enforcement actions as needed. No further hearing action on this application was recorded at the meeting.