Board approves setback variance for Michael Stark at 7310 Stark Lane

The Fairview Board of Zoning Appeals voted July 28 to grant a front-setback variance for the property at 7310 Stark Lane, allowing the applicant to build the new residence near the existing house rather than meet the CD4C district's maximum 18-foot front setback. The motion to approve was moved and seconded and passed by roll call with Mister Mitchell, Mister Dwyer, Mister Anderson and Miss Hill voting "Aye."

Applicant Michael Stark told the board he had planned to replace the existing house and learned only after preparing to build that the property's zoning had changed. "It wasn't until we decided to finally pull the trigger and start building that we learned that the zoning for our property had changed," Stark said. Staff's written report, read by consulting planner Kevin Chastain, explained the parcel was rezoned to CD4C with the April 2 adoption of Fairview's new development code but remains in residential use; Chastain noted staff had placed two conditions on any approval: the property owner must submit a demolition permit for the existing residence and a building permit for the new home.

Board discussion centered on the seven variance standards, particularly whether the property's topography or other conditions created an exceptional hardship. One board member said a site visit convinced him that standard 1 (exceptional topography or other extraordinary condition) was satisfied despite staff's recommendation that standard not be met. Attorney Josh Hogan reminded the board that a variance "would run with the property," meaning any future owner could build to the approved setback. The board's approval was recorded with the stated conditions and will be reflected in the building-permit review if the applicant moves forward.