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Commission denies side‑setback variance at Rose Point after neighbors raise floodplain, precedent concerns
Summary
The commission voted to deny a large side‑setback variance for a Rose Point lot after neighbors warned of drainage, tree loss and deed‑restriction conflicts; staff had recommended approval because most of the parcel lies in FEMA floodplain and the proposed footprint is planned outside the floodway.
The Bryan Planning and Zoning Commission denied Planning Variance PV26‑21 on Aug. 6, rejecting a request to allow a planned dwelling at 7012 Rose Point Court to encroach into the side setback and come within 5 feet of the lot line.
Staff planner McKayla Dickinson recommended approval, saying roughly 87% of the 5.21‑acre parcel falls in floodplain or floodway and that the proposed building footprint was intended to remain outside the mapped floodway; staff concluded the lot shape and mapped floodplain made the parcel unique. Multiple neighbors, including Scott Morrill, opposed the variance, raising concerns that the encroachment would damage trees, alter drainage and violate recorded deed restrictions. "I think this sets a bad precedent for what a variance is supposed to be used for," Morrill said. Commissioners debated the FEMA mapping, the pending flood‑study update and whether the petitioner's hardships justified the large variance. After discussion, the commission moved to deny the request on the grounds of lacking undue hardship and potential detriment to neighbors; the motion to deny carried unanimously.
