Board of Zoning Appeals Meeting - July 8, 2025

The Board of Zoning Appeals held its regular meeting on July 8, 2025, at 5:30 PM in the City Hall Council Chambers. The board considered two variance requests involving encroachments into setback areas, both of which were approved unanimously. The meeting included the approval of prior meeting minutes and brief staff presentations.

Consent Calendar

• The minutes from the May 13, 2025, meeting were approved unanimously by the board members present (Jacobs, McDermott, Town, Vice Mayor Gibson, Vice Chair Meanwell).

Public Comments & Testimony

• Citizen comments were listed on the agenda but no public remarks were offered; the chair moved directly to the regular agenda items.

Discussion Items

• Case 25-012: 2749 Scarlet Rd – Variance to encroach into a platted setback for a principal structure and attached garage. Staff explained that the property, zoned RE Residential Estate, lies in Forest Hill Estates, a subdivision platted in 1962 with a 65-foot side yard setback (originally for wells/septic). The city's current zoning setback is 25 feet, which the proposed addition would meet. The applicant, Todd Roatan of CrewPros LLC, stated the homeowners are new to the community and that the encroachment would not extend beyond existing encroachments. A letter of support from a neighbor was included. Board members noted the plat restriction is obsolete and that other properties in the neighborhood adhere to the 25-foot setback. The board voted unanimously to approve, citing “other extraordinary and exceptional situation” (excessive side yard setback no longer needed).
• Case 25-013: 9162 Foxridge Rd – Variance to encroach into the required setback area for an attached garage. Staff presented the corner lot at Fox Ridge and Duntreath Meadows, zoned R Low-Density Single-Family Residential, with two 40-foot front yard setbacks. The proposed garage would encroach 5 feet 2 inches into the Duntreath Meadows setback. The applicant, David Kelley Jr., explained that the lot’s angle and curvature of Duntreath Meadows limit the garage depth to 15 feet if fully setback, which cannot accommodate modern vehicles. He noted this is one of the few homes in the neighborhood without a garage and emphasized community involvement. Board members confirmed the encroachment is minimal and tied to the specific site plan. The motion to approve passed unanimously, with reasons including “exceptional narrowness, shallowness, or shape of the property” due to roadway curvature.

Key Outcomes

• Case 25-012 (2749 Scarlet Rd): Approved 5-0. Motion carried with reasoning based on “other extraordinary and exceptional situation” (outdated plat restriction). The applicant may proceed with a building permit through Shelby County.
• Case 25-013 (9162 Foxridge Rd): Approved 5-0. Motion carried with reasoning based on exceptional property shape/road curvature. The variance is limited to the garage addition as shown on the submitted site plan.
• Both approvals are subject to the board’s discussion, staff comments, and the specific site plans submitted.
• Staff was asked to investigate potential text amendments to simplify future similar cases involving legacy plat restrictions; Director Ross committed to research.