Board approves boundary adjustment at 114 Augustine Avenue after church requests survey time

The Board of Zoning Appeals approved BA 2024‑49, a boundary line adjustment affecting 114 and 110 Augustine Avenue, after staff described the request as a transfer of land that will equalize side yards and not create a new lot.

Planning staff explained the adjustment would change the parcel geometry in Old Town Mixed Use, moving 114 from an existing width:depth of about 2:3.5 to roughly 2:5. Staff recommended approval under the board's variance criteria and told members the change would provide additional side‑yard space to the adjacent property. Paul Rocco, representing the Deer House partnership, presented the plat and explained the surveyor’s findings, saying the adjustment “widens it to become more in conformance with it without affecting health and safety.”

Members of Wainwright Baptist Church asked for clarification. Paula Rogers, the church trustee, asked that the church be given an opportunity to do a survey before any change is finalized. Pastor Paul Baker asked whether a recorded line could be changed later if a private survey showed an encroachment. Planning staff and counsel said the BZA's role is to approve the lot‑line adjustment for recording and that private boundary disputes are resolved between property owners or in court; an appeal of the board decision can be pursued to circuit court within the statutory timeframe.

After deliberation, the board approved the adjustment as applied for and recommended by staff. Staff and counsel noted that if the variance is recorded following an approved survey, the change will be a matter of public record at the courthouse and that parties with concerns may consult counsel about appeal options or civil remedies.