Germantown Board of Zoning Appeals Meeting – January 14, 2025

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.