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Brookhaven Board of Appeals approves most variances, denies retaining-wall requests after neighbor objections
Summary
The Brookhaven Board of Appeals approved a series of conditional variances for pools, setbacks, impervious coverage and tree removal, deferred one artificial-turf impervious case for more documentation, and unanimously denied a retaining-wall/setback variance after neighbors and board members raised concerns about property-line maintenance and runoff.
The Brookhaven Board of Appeals met to consider a docket of variance requests affecting stream buffers, setbacks, impervious coverage and specimen trees. The board approved most requests subject to staff-recommended conditions, deferred one case for updated engineering materials and unanimously denied a retaining-wall and setback request that board members and neighbors said created an unacceptable burden on adjacent properties.
Why it matters: Several items involved stream-buffer reductions or increased impervious coverage on in-town lots, raising questions about stormwater mitigation and neighbor impacts. The board’s decisions will determine whether homeowners can proceed with pools, decks, retaining walls and other improvements that require relief from zoning rules.
Votes at a glance - VAR26-00008 (1093 Hunters Brook Ct.): Approved conditionally; applicant Scott Chatham will provide mitigation and final plans are subject to the city land development manager’s approval. - VAR26-0011 (retaining-wall/setback reductions): Approved conditionally. - VAR26-0013 (1316 Sunland Dr., impervious coverage increase): Approved with three staff conditions; staff had proposed 42.17% as a limit for undersized RS-75 lots. - VAR26-00007 (1235 Brookgreen NE; artificial turf / impervious coverage): Deferred to June 17 to allow the applicant to submit a full site plan and updated calculations after staff said updated materials arrived too late for notice and reanalysis. - VAR26-00016 (1861 Remington Rd.; pool and retaining wall): Denied (both variances) after neighbors and board members raised concerns about a retaining wall built on the property line, ownership/maintenance ambiguity, and potential runoff impacts. Staff noted denial restricts similar variance requests for two years and advised working with code enforcement on next steps. - VAR26-00018 (2095 E. Roxborough Rd.; stream buffer reduction for pool): Approved conditionally; applicant committed to stormwater mitigation and minimizing disturbance inside the buffer. - VAR26-00019 (front-deck setback): Approved subject to recommended conditions. - VAR26-00020 (2967 Skyland Dr.; specimen tree removal): Approved conditionally; applicants worked with the city arborist to preserve other trees and provide prescriptions to protect root zones. - VAR26-00022 (pool into buffer): Approved with staff conditions; applicant will remove an existing fire pit and oversize water-quality device to accommodate the project.
Board exchanges: Board members pressed applicants on alternatives and stormwater mitigation several times. On the Remington Road case one member said the project was “egregious” and “flagrant,” criticizing construction that put a retaining wall at the property line and urging protection of neighbors’ interests. The applicant responded that he had contacted staff when he realized problems and sought guidance about next steps.
What’s next: Several approvals were conditioned on final review by the city land development manager or other staff. The artificial-turf/impervious case at 1235 Brookgreen NE was deferred to the June 17 Board of Appeals meeting pending a full site plan and updated calculations.
The meeting adjourned at about 9:00 p.m.
