Public Meetings - Germantown, Tennessee

The Planning Commission meeting scheduled for March 4, 2025 was canceled as per the official agenda. No items were discussed, no public comments were received, and no decisions were made.

The Germantown Design Review Commission met on Tuesday, February 25, 2025, at 6:00 p.m. in the City Hall Council Chambers. The meeting began with an executive session at 5:30 p.m., followed by call to order, quorum establishment (all nine members present), approval of the January 28, 2025 meeting minutes (unanimous), and consideration of consent and regular agenda items. Consent Calendar - (15-542) Germantown Collection – Revised Landscape Plan: Approved as part of consent agenda. (2130 Exeter Rd./7850 Poplar Ave.) - (24-020) The Grove at Germantown Apartments – Re-Faced Ground Sign: Approved as part of consent agenda, with the stipulation that the applicant will work with staff to have the sign base painted a different color. If the applicant wishes a different color than mutually agreed, they must return to the commission for approval. Public Comments & Testimony - No citizen comments were offered during the meeting. One audience member declined to speak. Discussion Items - (25-005) First Watch – Façade Modification (7810 Poplar Ave., Germantown Collection): The applicant, Ryan Chapel (Development Manager for First Watch), presented a proposal for the former Chili’s location. The project had been previously discussed at a DRC subcommittee meeting on February 13, 2025, where revisions were requested. Staff confirmed that the revised plans removed all proposed signage, decorative façade painting, and wood elements; updated lighting renderings to 3,000K with down-facing wall sconces; and provided paint swatches (Pavestone, Origami White, Smoky Blue, Iron Ore). The applicant acknowledged difficulties in matching the swatches on site but offered to provide a properly painted sample for commission approval or work toward a different acceptable color. Commissioners expressed satisfaction with the improvements and welcomed First Watch to Germantown. A motion to approve the façade modification subject to staff’s comments, conditions in the staff report, and submitted plans was seconded and passed unanimously. Key Outcomes - Minutes Approved: January 28, 2025 meeting minutes were approved by a roll call vote (9-0). - Consent Agenda Approved: Items 5A and 5B were approved together with the condition on the sign base color for Item 5B. - First Watch Façade Modification Approved: Unanimous vote (9-0) with conditions including final paint sample approval. - Commission Liaison Reports: - Historic Commission: Did not meet; report to be given at next DRC meeting. - Parks and Recreation Commission: No report; next meeting scheduled for Thursday. - Public Art Commission: A proposed mural on the south side of Southern Social did not proceed; discussion is now focused on a portable mural for the Germantown Festival or similar events, with a questionnaire on public input options underway. - Sketch Plan Committee: Did not meet. - Tree Board: Reported proactive removal of Bradford pear trees on Farmington, replanting efforts (e.g., new trees near CO Franklin), Arbor Day tree bundling event on March 5 (9 a.m.–12 p.m. at Bobby Lanier Farm Park), and Arbor Day tree giveaway on March 7 at Huey’s for Germantown residents. - Board of Mayor & Aldermen (BMA): Alderman Hicks welcomed new commission member Melissa Kimbrough and praised the commission’s work. The BMA is entering budget season. The Streetscape Task Force will meet on February 26 to discuss a pilot project focusing on areas with the most damage to oak trees, aiming to redesign and create a case study. - Adjournment: The meeting adjourned after liaison reports.

The Board of Mayor and Aldermen held its regularly scheduled meeting on Monday, February 24, 2025 (2025-02-24), beginning at 6:00 p.m. in Council Chambers at the Municipal Building, 1930 S. Germantown Road. The agenda included a citizen-comment period, two special recognition items, and an 11-item consent agenda; there was no separate regular agenda. All votes were unanimous among the five board members present. Consent Calendar The consent agenda was approved as read, with no items pulled for separate discussion. Items included: - Reappointment of Leslie Asara to the Shelby County Solid Waste Region Board for a six-year term. - Contract Amendment & Extension No. 1 for herbicide, fertilizer, and lake maintenance treatment services, approximately $159,000. - Contract extension for fireworks, approximately $30,500 over three years. - Donation from the 100 Club of Memphis of $2,000 for Germantown Police Department first aid supplies. - Grant to Germantown Community Theatre of $75,000, primarily for youth theater training and programming. - Public, education, and government (PEG) disbursement to Germantown Municipal School District for the second quarter, approximately $24,000. - Professional services agreement for engineering services for the Dogwood Grove 4th Addition drainage project, approximately $150,000. - Purchase of network annual maintenance, approximately $79,000. - Purchase of printing and mailing services for utilities, approximately $139,000. - Purchase of public safety radios, approximately $131,000. - Purchase of weather sirens, with approximately $47,000 in benefit from Shelby County government, noted as made available by Shelby County Commissioner Brandon Morrison. Public Comments & Testimony - Eric Delgado, a Germantown resident of more than 20 years, asked the board to amend or remove the sunset time-of-use hours for public parks. He cited seasonal inconsistency, high summer heat indexes, and the needs of residents with nonstandard work schedules, and said he and his wife have reported vandalism and assisted police on two occasions. The mayor referred him to Parks Director Natalie Ruffin, City Administrator Jason Heisman, and Vice Mayor Gibson for follow-up. - Robin Sharp, president of the board of directors of Germantown Community Theatre, expressed gratitude for city support, saying the 98-seat nonprofit theater would not exist without the grant and the city's support. She noted GCT reached 10,000 people last year and is moving from season 53 into season 54. Special Recognition & Proclamations - The Germantown Education Commission presented the February 2025 Youth Excellence Award to Katie Carrionis, a senior at St. Agnes Academy, recognizing her academic leadership, tutoring, cheerleading, and volunteer service with organizations including Room in the Inn, Youth Villages, and Madonna Learning Center. - Alderman Scott Sanders read a proclamation declaring Friday, March 7, 2025 as the 153rd anniversary celebration of Arbor Day. The proclamation noted that Arbor Day was first observed in 1872, that Germantown is in its 31st year as a Tree City USA and its third year as a Tree City of the World, and that a free dogwood tree giveaway will be held on March 7 from 9-11 a.m. at Germantown Crossing Shopping Center. Key Outcomes - Adopted the February 24, 2025 agenda by a unanimous 5-0 vote, after a motion by Vice Mayor Gibson seconded by Alderman Sanders. - Approved the minutes of the February 10, 2025 regular meeting by a unanimous 5-0 vote, after a motion by Alderman Ulikey seconded by Alderman Hicks. - Approved the entire consent agenda by a unanimous 5-0 vote, after a motion by Alderman Ulikey seconded by Alderman Sanders. - Presented the Youth Excellence Award and the Arbor Day proclamation; referred the park-hours request to staff for follow-up. - Adjourned after no further business.

The Board of Zoning Appeals meeting scheduled for February 11, 2025, at 11:45 AM was canceled. No agenda items were discussed, no public comments were received, and no decisions were made. The cancellation notice was posted on the official agenda.

On Monday, February 10, 2025, the Germantown Board of Mayor and Aldermen met in the Council Chambers at the Municipal Building beginning at 6:00 P.M. Vice Mayor Gibson chaired in Mayor Palazzolo's absence, and all five aldermen were present. The board approved its agenda and prior minutes, recognized education award winners, approved a final plan for The Square at Forest Hill Heights, and adopted the city's 2025 legislative agenda for the Tennessee General Assembly. Consent Calendar - Approved the February 10, 2025 meeting agenda and the January 27, 2025 regular meeting minutes, both by unanimous roll-call votes. - Approved the consent agenda as amended, including: the Public Art Commission appointment of Brian Everson; the Tennessee Department of Tourist Development contract; recognition of police criminal forfeiture funds; Resolution 25R03, Amendment No. 5 to the Cash Balance Pension Plan; and revised final plans for Glasgow Planned Unit Development, Phases 2 and 3. - During consent agenda consideration, Alderman Salvaggio asked to consider placing items 9 and 10 on the consent agenda; Alderman Hicks asked that item 9 remain on the regular agenda for public transparency. The board approved the consent agenda as amended, with the Glasgow PUD revised final plans listed as consent item 8e, formerly known as item 10, while item 9 was heard separately. Public Comments & Testimony - Dr. Dwayne Gaither, a Germantown resident since 1965 and Glen Alden neighborhood resident since 1985, urged immediate action to improve the safety and condition of Forest Hill Road. He stated that more than 90 trees on the east side of the road are within 15 feet of the pavement, some within one foot, and the road lacks lighting, safe shoulders, and adequate width for passing trucks and emergency vehicles. He said there have been too many fatal and non-fatal accidents and that the issue has been postponed, ignored, or delayed for years, asking the board to expedite improvements. Special Recognition - Germantown Education Commission January 2025 Teacher of the Month: Brianna Hopkins, fifth-grade English language arts teacher at Farmington Elementary. - January 2025 Youth Excellence Award: Caroline Cassat, senior at St. Agnes Academy, recognized for academics, leadership, athletics, and service. - February 2025 Teacher of the Month: Jordan Bell, sixth-grade math and science teacher at Houston Middle School, recognized for teaching and for directing the school's first drama production in more than a decade. Discussion Items - The Square at Forest Hill Heights - Final Plan Approval: Planning staff presented the amended planned development Phase 18D, featuring two 13,000-square-foot commercial buildings with retail, office, and restaurant uses at the corner of Forest Hill, Irene, and Winchester, in the T5 smart code district and part of the Forest Hill Heights Small Area Plan. The project had received Planning Commission and Design Review Commission approval, including five justifiable design alternatives related to building frontage, parking, and screening. Aldermen praised the developer's responsiveness to design review and said the project would set a high standard for the Winchester corridor. The board approved the final plan unanimously. - 2025 Legislative Agenda: Deputy Piefer presented the city's recommended state legislative priorities, including public safety items such as secure facilities and rehabilitation for serious juvenile offenders, stricter penalties for firearm switches, bail law amendments, juvenile record access for judges, aggravated assault loopholes, and street racing legislation; and general government items such as municipal civil penalties, state preemption limits, local property tax control, short-term rental regulation, sales tax revenue sharing restoration, a Shelby County rental registration program, veterans service officer reimbursement, and state funding for the West Tennessee Premier Sports Complex. Alderman Ulicky noted continuity with prior agendas and emphasized local property tax control and restored state shared sales tax. The board adopted the agenda unanimously. Key Outcomes - Unanimous approval of the regular agenda and January 27, 2025 minutes. - Unanimous approval of the consent agenda as amended. - Unanimous approval of The Square at Forest Hill Heights final plan (Phase 18D). - Unanimous adoption of the 2025 Legislative Agenda. - Recognition of three education award recipients; the meeting adjourned after all business was complete.

The Germantown Planning Commission met on February 4, 2025, at 6:00 PM in City Hall Council Chambers. The meeting included approval of prior minutes, a detailed review of a Starbucks development proposal, and a public engagement presentation on the proposed Premier Sports and Recreation Complex. Two commissioners voted against the Starbucks project. Consent Calendar - There was no consent agenda for this meeting. Public Comments & Testimony - Starbucks (Case 24-021): No members of the public signed up to speak for or against the Starbucks proposal. - Premier Sports and Recreation Complex: One citizen, Mr. Adams, spoke in support, emphasizing the strategic and regional benefits of the project, including competition with cities like Nashville and Atlanta and the positive impact on economic development and quality of life. Discussion Items - Approval of Minutes from January 7, 2025: Approved unanimously by roll call vote (8-0). - Starbucks (Case 24-021) – Revised Final Plan: - Location: 2055 Exeter Rd. (Exeter Village Shopping Center), 0.87 acres within a 9.533-acre shopping center. - Proposal: A new 2,400 sq ft Starbucks building with drive-through, requiring a parking reduction for the entire shopping center and five Justifiable Design Alternatives (JDAs). - Parking Reduction: The shopping center currently has 450+ spaces; a utilization study showed peak use of 220 spaces. The requested reduction is approximately 8 spaces. - JDAs: 1. Building entrance not on principal frontage (Exeter Rd.) – justified by grade change and visibility. 2. Facade transparency – spandrel glass used; less than 60% clear glass due to back-of-house and drive-through. 3. Drive-through as a permitted use (conditional use equivalent). 4. Outbuilding setback reduced from 40 ft to approximately 20 ft. 5. Street screen requirement waived due to existing landscape berm and grade change. - Drive-Through Queuing: The plan provides 16-car stack; applicant expects 13-16 cars at peak. Police had raised safety concerns about visibility and potential backup onto the access drive; applicant explained that the grade allows clear sight lines. - Pedestrian Access: Applicant explored but ruled out a sidewalk from Exeter Rd. to the building due to a 7-ft grade change, cost ($100,000), and loss of parking. Existing sidewalk on south side of entrance drive provides access to the shopping center. - Commission Discussion: Concerns raised about safety of queuing line, pedestrian connectivity, and compliance with Smart Code. An amendment was proposed (by Commissioner Jacobs) requiring applicant to address future queuing issues; later withdrawn. Alderman Salvaggio expressed opposition citing public safety and pedestrian access. Other commissioners supported the project, citing expert opinions and minimal risk. - Vote: Motion to approve passed 7-2. Commissioners Clark, Sisson, Bacon, Levy, Sloan, McCreary, and Alderman Salvaggio? Actually Alderman Salvaggio voted no. Let's correct: Roll call showed Clark (yes), Sisson (yes), Bacon (yes), Levy (yes), Sloan (yes), Jacobs (no), Salvaggio (no), McCreary (yes). So 6 yes? Wait, transcript: Mr. Clark yes, Ms. Sisson yes, Mr. Bacon yes, Mr. Levy yes, Mr. Sloan yes, Mr. Jacobs no, Alderman Salvaggio no, Chairman McCreary yes. That's 6-2. But earlier mention of 7-2? Let's recount: 8 members present (Clark, Sisson, Bacon, Levy, Sloan, Jacobs, Salvaggio, McCreary). 6 yes, 2 no. So 6-2. Correct. - Premier Sports and Recreation Complex – Public Engagement Presentation: - Presented by Assistant City Administrator Andy Sanders. - Overview: 55+ acres at Winchester Rd. and Forest Hill Irene Rd., purchased in 2021. Concept includes 6 synthetic turf PWE fields, 7 multi-purpose flex fields, 100,000 sq ft indoor facility, 2 miles of trails (elevated boardwalk over wetlands), playground, outdoor exercise equipment, splash pad, pavilions, and maintenance facility. - Funding: Seeking $10M from TDEC grant, $10M from state budget, plus private development partner (RFP due Feb 17, 2025). City match estimated at $3.3M (including land value of donated 6.5 acres). Public-private partnership expected. - Objectives: Generate $30M annually in sports tourism, address park deficit in southeastern quadrant, serve growing youth population (5-24), and provide amenities for all ages. - Stakeholder Engagement: Working with West Tennessee Veterans Cemetery on drainage improvements. No vote taken; presentation was for information and public input. Key Outcomes - Starbucks Approval: Final plan approved (6-2) with conditions including standard staff requirements and TAC comments. Project must still go through Design Review Commission and Board of Mayor and Aldermen. - Sports Complex: No action taken; commission provided feedback. Next steps: continue grant applications, evaluate private development proposals, and further public engagement. - Commission Liaison Reports: Deferred to next meeting due to late hour. - Adjournment: Meeting adjourned after deferring reports.

The Germantown Design Review Commission (DRC) convened on Tuesday, January 28, 2025, at 5:00 p.m. in City Hall Council Chambers. The meeting included the election of officers for 2025, adoption of the Germantown Forward 2035 Strategic Plan, annual legal training, and decisions on two development cases. Public comments were not offered. The commission approved a wall sign for The Urology Group and a final plan for The Square at Forest Hill Heights. The agenda item for Liquor Wine Beer (25-002) was withdrawn prior to the meeting. Election of Officers - Vice Chairman: Mr. Schmidt was elected (unanimous). - Secretary: Mr. White was elected (unanimous). Approval of Minutes - Minutes from November 19, 2024, were approved unanimously. Commission Liaison Appointments - Members retained their previous liaison roles: Mr. Carney (Parks and Recreation), Mr. Schmidt (Public Art Commission), Mr. White (Historic Commission), Chairman Bruns (Sketch Plan Committee and Tree Board). Alderman Hicks represented the Board of Mayor and Aldermen. Adoption of Germantown Forward 2035 Strategic Plan - Staff presented the strategic plan, emphasizing its vision, community values, and key performance areas (economic development, land use/transportation). The commission adopted the plan to guide its work for the year. (Unanimous vote) Annual Training - Attorney Josh Whitehead conducted training covering the Open Meetings Act, ex parte communications, ethics, recusal, conditions of approval, and the importance of proper motion language. Staff added reminders about meeting attendance and communication protocols. Discussion Items Case 25-001 – The Urology Group Wall Sign - Location: 7550 Wolf River Blvd. - Request: Approval of a wall sign (originally 92.3 sq ft, reduced to 57.18 sq ft to comply with code). - Discussion: Staff noted the sign meets code after removal of the logo. The applicant confirmed the color is painted brushed aluminum. - Outcome: Approved unanimously with conditions per staff report. Case 24-006 – Forest Hill Heights Amended PD Ph 18D (The Square at Forest Hill Heights) - Location: South side of Winchester Rd., east of Forest Hill-Irene Rd. - Request: Final plan for a two-building retail center (approx. 13,000 sq ft each, 113 parking spaces) in the T5 Urban Center zone. - Discussion: The Planning Commission previously approved five justified design alternatives (building frontage, parking excess, etc.). The DRC subcommittee requested improvements to the rear elevation and landscaping. The applicant added landscaping, changed door colors, and enhanced dumpster enclosure design. Materials include brick and painted elements. - Outcome: Approved unanimously subject to staff conditions. Signage will be submitted separately. Commission Liaison Reports - Parks and Recreation: Budget request of $250,000 for sign project; presentation on Premier Sports Complex Master Plan ($55 million, aiming for sports tourism). - Historic Commission: Agenda preview for the year. - Public Art Commission: Updates on poem installation at Bob Haley Park, grant applications for cultural greenway sculpture bases, and viaduct underpass mural. - Sketch Plan Committee: Upcoming item to be discussed at next subcommittee. - Board of Mayor and Aldermen: Update on first TIF request for Germantown (approved for review); appointment of Scotty Hendricks to Board of Education. - Streetscape Task Force: Report by Commissioner Nishwitz on tree corridor improvements along Poplar and Germantown Road, particularly under power lines. Task force is developing a pilot project to create a template for future tree planting and utility coordination with MLGW. Key Outcomes - Elected Vice Chairman (Schmidt) and Secretary (White) for 2025. - Adopted Germantown Forward 2035 Strategic Plan. - Approved wall sign for The Urology Group (57.18 sq ft) at 7550 Wolf River Blvd. - Approved final plan for The Square at Forest Hill Heights (24-006). - Case 25-002 (Liquor Wine Beer) was withdrawn. - Next subcommittee meeting scheduled for February 13, 2025, at 4:00 p.m.

The Board of Mayor and Aldermen met in regular session on Monday, January 27, 2025, at 6:00 PM in the Council Chambers. The meeting included a public hearing of the Beer Board, approval of a consent agenda, and a key appointment to fill a vacant seat on the Germantown Board of Education. The board had met in closed legal session from approximately 5:00 PM to just before 6:00 PM. Consent Calendar - Approved the consent agenda unanimously, which included: - a. Agreement for pension investment consulting services with CBI Z Investment Advisory - b. Appointment to the Education Commission: Stacey Johnson - c. Appointment to the Senior Advisory Commission: Dr. R. A. Pilotzolo - d. Appointment to the Shelby County Ground Water Quality Control Board: Jet Riz Ryzen Hoover - e. Donation: Chairs for Police Communications Center from Shelby County 911 board - f. Donation: Germantown Education Foundation – Friend of the Foundation 2nd Quarter - g. Donations to Parks and Recreation: $1,000 from Germantown Legends, $4,000 from Bobby Lanier Farm Park Board - h. Purchase: Axon Vehicle Camera Program - i. Purchase: Chiller Control Panel Replacement - j. Purchase: Vehicle (heavy work truck) - Alderman Ulicky thanked the group that reviewed pension advisory services, noting the extensive process and contributions of Chairman Jeff Lewis, Director Royals, Director Fisher, and Administrator Heisman. Public Comments & Testimony - Ryan Strain (address: 8750 Pinpoint Cove, Germantown 38139) expressed thanks to all applicants for the school board position and to the board for their time. He encouraged any applicant not selected to contact him for other service opportunities. He also noted that the General Assembly was beginning a special session on school vouchers and encouraged citizens to contact legislators regarding the proposal. He referenced a joint resolution passed by the board and Board of Education last year opposing a similar program. Discussion Items Beer Board Public Hearing – Beer Permit for Asaderos Mexican Grill - The board convened as the Beer Board for a public hearing on an on-premise beer permit application submitted by Abraham Venezuela for Asaderos Mexican Grill located at 3165 Forest Hill Road. The restaurant is in a C1 zoning district where on-premise beer consumption is permitted. The background check found nothing discrediting the applicant. No public speakers came forward. Alderman Sanders questioned the applicant about other restaurants with beer permits (Rancho Grande at Hacks Cross) and training procedures. The applicant stated employees will have licenses and checks for IDs. The beer permit was approved unanimously (5-0). Mayor Palazzolo noted the restaurant had just opened and sold liquor that day, and jokingly said they might have a third James Beard semifinalist. Appointment to Germantown Board of Education Position 2 - Deputy City Administrator Lisa Hefer presented the process: following the resignation of Dr. Daniel Chatham, the city declared the position vacant on November 25, 2024. Applications were posted on December 3, 2024, with a deadline of December 20, 2024. Fourteen applications were received. The board held a special meeting on January 6, 2025, to publicly interview seven applicants. Names of the seven interviewed: Kyle Eaton, Scotty Hendrick, Dr. Seth Carroll, Dr. Mancheek Carr, Beth Robbins, Dr. John Sensel, and Joy Williams. - Vice Mayor Gibson nominated Scotty Hendrick, citing his proven leadership and skill set needed for the district’s big projects. She noted the role of school board in overseeing decisions and moving big projects forward. The nomination was seconded by Alderman Hicks. - Alderman Hicks seconded, saying Hendricks would help lead the district in achieving its goals. He also encouraged the other 13 applicants to continue serving, sharing his personal story of not being appointed to an alderman position in 2015 but later being elected to that same seat. - Alderman Ulicky said this was one of the hardest decisions, thanking all applicants. - Alderman Sanders supported the nomination, noting Hendricks can help garner community partnerships for the redesign at Houston High School. - Alderman Salvaggio echoed support, stating Hendricks showed enthusiasm and willingness to do hard work. - The vote was unanimous (5-0) to appoint Scotty Hendrick to the Board of Education Position 2. He will be sworn in by the Germantown Board of Education at a later date. Key Outcomes - Consent agenda approved unanimously. - Beer permit for Asaderos Mexican Grill (on-premise) approved unanimously by the Beer Board. - Scotty Hendrick appointed to the Germantown Board of Education Position 2 by a unanimous vote (5-0) to fill the unexpired term until the next general election in 2026. - Mayor Palazzolo encouraged all applicants to remain involved in the community.

The Board of Zoning Appeals (BZA) met on Tuesday, January 14, 2025, at 5:00 p.m. in the City Hall Council Chambers. The meeting included annual training, election of officers, and a contested variance request. All votes were unanimous. Election of Officers - Chairman: Frank Yulhorn was elected by a 7–0 vote after nomination by Mr. Town and second by Mr. Jacobs. - Vice Chairman: Carolyn Meanwell was re-elected by a 7–0 vote. Consent Calendar - Minutes from September 10, 2024: Approved unanimously (7–0). Annual Training & Strategic Plan Adoption - Presentation of Forward 2035 Strategic Plan: Director Cameron Ross and Vice Mayor Gibson provided an overview of the city’s strategic plan, emphasizing its relevance to BZA decision‑making. The board adopted the plan unanimously (7–0) as part of its annual training. - Ethics & Procedural Training: Assistant Attorney Whitehead conducted a training on open meetings, ex parte communications, variance standards, recusal, and parliamentary procedure. Public Comments & Testimony - No public comments were made during the citizen comment period. Discussion Items - Case 25‑003 – Variance at 8962 South Hollybrook Ln. - Property Owner/Applicant: Raza & Aesha Hashmi; represented by Neeraj Kumar (Design Group, LLC). - Request: Approval of a variance to allow a two‑story attached garage to encroach into the front yard setback, resulting in the building line being 75 ft 6 in from the front property line. The lot (1.34 acres in RE‑1 zoning) has a private drainage easement that bisects the property, rendering most of the lot unbuildable. The standard setback on the plat for this lot is 80–100 ft, while the zoning district requires 60 ft. - Staff Presentation: Sarah Goroleschi explained that the drainage easement and a public drainage structure limit the buildable area to about 6,000 sq ft. The proposed garage is set back 5 ft from the easement and is behind the building line of the adjacent home to the east. No opposition letters were received; the homeowners’ association provided a letter of support. - Applicant Testimony: Mr. Kumar emphasized the lot coverage disparity (13% vs. 25–45% for neighboring lots) and noted that other design options were not feasible due to the creek and setbacks. Dr. Hashmi stated he was unaware of the setback restrictions when purchasing the property in August 2021 and that he recused himself from the HOA board’s decision on the support letter. - Board Discussion: Members noted that the creek’s topography constitutes an exceptional condition justifying the variance. The design was praised as consistent with the neighborhood character. - Motion: Mr. Town moved to approve the variance as shown on the plat, subject to board discussion and staff comments. Mr. Jacobs seconded. - Vote: All seven members voted in favor, citing exceptional topographic conditions (drainage easement/stream) as the basis for the finding of hardship. Key Outcomes - Variance Approved (Case 25‑003): The board granted the variance by a 7–0 vote, finding that the property’s unusual topography (drainage easement and creek) creates an extraordinary situation that justifies encroachment into the setback. - Forward 2035 Strategic Plan adopted for the BZA’s 2025 work. - Reminders: Board members are required to complete 4 hours of continuing education; meeting schedule is the second Tuesday of each month at 5:30 p.m. (no executive session; no meetings in October and November). Old Business / New Business - Old Business: Vice Mayor Gibson reminded members to notify staff promptly about absences and to complete continuing education forms. - New Business: Staff noted an upcoming sketch plan meeting (Jan. 16) that includes a use‑on‑appeal case for Harvest Church expansion at Winchester and Forest Hill‑Irene, which will later come to the BZA.