Council approves second height variance after debate over remediation and measurement

Councilconsideration of variance #2 focused on an additional height on the western side of the house caused by a walkout basement. The town—s building official found the constructed height on one side exceeded the permitted 39 feet 8 inches; the property owner proposed fixes that include a retaining wall and finished-grade adjustments to reduce measured height from the finished grade.

An initial motion to deny variance #2 was made by Councilman Tolleson and seconded by Councilman Merrill. During that vote the council recorded: Merrill voted Aye, Tolleson voted Aye, and Councilmen Bitter and Ellis and the mayor voted Nay; the motion to deny was defeated, 3-2 in favor of allowing further action. The council then considered and approved a motion to grant variance #2 (moved by Councilman Ellis, seconded by Councilman Bitter) after hearing from the builder, who said raising the finished grade with a retaining wall would make the measurement comply with the approved elevation method.

Builder Dirk Geyset of Northridge Homes spoke in favor of the remediation plan: "I'm Dirk Geyset, the owner of Northridge Homes, and the builder," he said, and explained that "by bringing the soil up...and putting up the retaining wall...it does comply" with the measurement method tied to finished grade. Residents pushed back on whether finished grade should be allowed as a post-construction remedy and whether approving a variance now sets a precedent. The council voted to approve variance #2; the mayor announced the motion carried.