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Whitehouse council authorizes legislation to reject Planning Commission variances amid density dispute
Summary
Council members voted 3-1 to authorize legislation that would reject recent Planning Commission variance approvals for the Country Meadows South and Whitehouse Square Townhomes plats, after debate over density, precedent and legal exposure. Developer counsel said Council may lack authority to overturn the Commission's administrative approvals.
Whitehouse council members on July 7 authorized legislation for the next meeting to reject Planning Commission variance approvals for a pair of residential plats, directing staff and the solicitor to prepare the necessary ordinance.
The motion by Councilwoman Carrie Tuohy—seconded by Councilman Larry Yunker—passed 3 ayes and 1 nay after council members raised concerns that 49% of lots in the Country Meadows South plat sought frontage-width variances. Tuohy said she would prefer limiting variances to roughly 30% of lots to curb density; Councilmember Steve Fine said he was troubled by both the number and cumulative visual density of the requested variances. Solicitor Kevin Heban told council he would review the procedural options and legal exposure, warning that a court challenge could result in a judicial order reverting the development to an R3 designation the developer originally sought.
Lane Williamson, attorney for developer Charlie Grass, objected for the record and told council he "disagrees respectfully" with the notion that Council can reject approvals made by the Planning Commission and asked the solicitor to confer with the developer's counsel. Resident Jeff Heaney urged careful, lot-by-lot consideration of variances and argued that broad approval of many variances sets a precedent for higher density in future plats.
Council's next legislative meeting will include drafted language to accept or reject the Planning Commission's variance recommendations; Solicitor Heban said staff would provide a legal memorandum outlining options before final action.
