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Board approves oversized garage at 5130 South Arlington Road with privacy-fence condition

Green Board of Zoning Appeals · December 19, 2024
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Summary

The Green Board of Zoning Appeals approved a variance allowing a homeowner to build a detached garage that exceeds the city's accessory-square-footage limit by 1,733 square feet, provided the owner installs a 6-foot privacy fence; a separate request to increase height to 22 ft 8 in failed.

The Green Board of Zoning Appeals on Dec. 8 approved a variance allowing a homeowner at 5130 South Arlington Road to build a detached accessory garage that exceeds the city’s permitted accessory-square-footage by 1,733 square feet, contingent on a 6-foot privacy fence along the driveway. The board voted 4–1 to approve the size variance and later voted down a separate request to raise the garage height to 22 feet 8 inches.

The applicant, Eric Klein, told the board he is a car collector and hobbyist who wants a 40-by-60-foot garage with a mezzanine for parts storage. “I’ve waited this long to do it,” Klein said, describing the garage as a personal project for him and his son. Klein said existing accessory structures on the property — including a pool house and a 12-by-12 storage shed — put him over the allowed accessory square footage under the city’s zoning code.

Neighbors urged the board to reject or limit the project. Roy Schultz, who lives nearby, said the building’s commercial-style 12-by-12 doors and proposed height would be out of character and could depress property values: “It’s gonna look like a commercial building in the midst of $300,000- and $400,000 houses,” he said. Another neighbor, Timothy Nicholas, said the scale resembled a farm building and raised concerns about painting or other activities that could affect nearby homes. Gina Fortunato, who keeps horses adjacent to the parcel, warned that loud shop activity could spook animals and asked what protections prevent future commercial use.

Board members pressed the applicant on use, materials and drainage. Klein said the garage will match the house’s trim and roof color, that he plans to add downspouts, and that he does not intend to operate a commercial business from the site. He also told the board he would consider reducing height if the board preferred. At the hearing the applicant offered to install a privacy fence as a buffer.

After public comment the board discussed handling the two variance requests separately. A board member moved to approve the variance for the accessory structure’s size, amended to include a 6-foot privacy fence running from the front line of the house to the back corner of the neighbor’s garage; that motion passed on roll call 4–1. Later the chair moved to approve the requested height variance (4 ft 8 in to reach 22 ft 8 in); that motion failed on roll call, 5–1 in opposition.

The board’s approval means the applicant may proceed with the larger garage so long as the project meets the board’s condition and obtains the required building permits and any applicable plan reviews from the city’s zoning and building departments. The chair directed the applicant to work with zoning and building staff to finalize details. The board approved minutes from its Nov. 21, 2024 meeting, noted there will be no meeting in January and set the next meeting for Feb. 20, then adjourned.

Actions recorded in the meeting indicate the first variance (excess accessory-square footage, with a 6-foot privacy-fence condition) was approved 4–1; a separate motion to grant the height variance to 22 ft 8 in was defeated 5–1.