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Developer withdraws request for variance to exceed 40% buildable area after notice error
Summary
A commercial developer seeking to exceed the community-commercial (CC) district's 40% buildable-area limit withdrew its request after the board determined the public notice lacked the specific numeric variance required for a vote; the applicant says it will reapply.
The Board of Zoning Adjustment on May 26 declined to act on a request to permit a maximum buildable area above the CC district limit of 40% because the newspaper notice did not specify a numeric variance.
Staff introduced case 260526-04, filed for a parcel at 3430 Indian Hills Road Southeast by petitioner Nicholas Arstry (property owner Indian Hills Partners, Inc.). The applicant’s representative, Nicholas Austri of Civil Consultants, said the proposed project would likely have a built area above 60% and described plans for an Express Oil Change at the site.
Planning staff and board members advised that state and local notice requirements require a specific numeric variance to be advertised so the public knows the precise relief sought. Board members noted that an open-ended description ("over 40%" or "exceeding 40%") does not satisfy the requirement. With that guidance the applicant agreed to withdraw the application and return with a properly noticed, specific variance amount.
The board did not vote on the substance of the variance. The applicant indicated they will refile with a specific percent for public notice.
