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BZA denies sidewalk variance but grants build-to-line relief for corner lot at 1219 West East Branch
Summary
The board granted a variance from the build-to-line requirement for a new 1,000 sq ft house at 1219 West East Branch Road because a water main prevents placement at the required setback, but denied the sidewalk-installation variance (applicant may pursue payment-in-lieu or install sidewalk to comply).
The Board voted July 23 to approve a variance from the 15-foot build-to-line for a proposed 1,000-square-foot house at 1219 West East Branch Road, and to deny a requested variance from the UDO sidewalk-installation requirement. Senior planner Jamie Kreindler said a water-main location creates a unique constraint that prevents placing the structure at the required build-to-line, and staff recommended approving that variance but denying the sidewalk variance because there are no peculiar conditions preventing sidewalk installation.
Petitioner Sable Byers of Value Built Construction told the board the payment-in-lieu review committee does not meet again until September 28, which makes the payment-in-lieu option a later pathway; Byers said the house cannot be built without the build-to-line relief. Neighbor Pamela Hurt raised concerns about drainage, utilities and whether the house would be a rental. The board adopted staff findings to grant the build-to-line variance and deny the sidewalk variance, noting the applicant could either install the sidewalk or seek relief through the payment-in-lieu process; the motion passed unanimously.
