Kevin Brown’s request to build two‑story accessory structure on steep slope deadlocks Monroe County BZA

Kevin Brown asked the Monroe County Board of Zoning and Appeals on Aug. 26 for a variance to build a two‑story, roughly 1,250‑square‑foot accessory structure at 3701 East Mables Way that would encroach about 20 feet into areas with slopes greater than 15 percent in the Eco Area 2 overlay.

Staff recommended denial, saying "practical difficulties have not been demonstrated" and that other buildable areas exist on the parcel. In testimony, Brown said the preferred location is driven by a large oak that has died and by proximity to the house; he described mitigation efforts including silt fencing and leaving tree roots in place. "I know that there's some concern about the potential water runoff into Lake Griffey," Brown told the board, adding he and his contractor would install erosion controls and avoid digging out roots where possible.

Board members questioned the degree of slope encroachment, the septic connection and alternative locations identified in the staff packet. One member summarized the legal standard for a variance—practical difficulties unique to the property—and said the petitioner's case was close: "I think the petitioner made his case," the chair said, while another member said, "My vote is going to have to be no," citing concern over the extent of disturbance into the 15% slope.

A motion to approve VAR‑26‑28 failed on a 2–2 vote under the four‑member quorum, which automatically continued the petition to the board's October meeting rather than producing an outright denial. The board advised the petitioner to work with staff and his engineers on possible redesigns, including stair location and slightly shifting the structure to reduce slope impact.

Next procedural step: the petition will return on Oct. 7, 2026, unless the petitioner revises the plan and resolves the outstanding septic or siting issues before that date.