Board of Zoning Appeals Meeting - September 9, 2025

The Germantown Board of Zoning Appeals met on September 9, 2025, at 5:30 PM in the City Council Chambers. The primary agenda item was a variance request (Case 25-015) to allow an additional driveway at 8904 Poplar Pike. The meeting began with the swearing-in of staff and board members, roll call establishing a quorum, and unanimous approval of the minutes from the August 12, 2025 meeting.

Public Comments & Testimony

• Dick Like (property owner, West Land Partners, LLC) : He and his wife moved to the 2.1-acre corner lot (Poplar Pike and Ashmont Drive) from their previous 12.5-acre property. The property has two houses (approx. 750 sq ft and 1,700 sq ft) built in the 1920s-1930s, each with a two-car garage, currently sharing one driveway off Poplar Pike. Like stated that exiting onto Poplar Pike is dangerous due to traffic cresting a hill, reduced lane width, and vehicles coming from Aintree through C.D. Smith Road directly across from the current driveway. He requested a variance for a second driveway on Ashmont Drive to provide safer ingress and egress. He emphasized they do not intend to increase parking or remove the existing historic entrance.
• Robert Warman (president of West Land Partners) : Clarified that keeping both driveways allows fire trucks to pull through the property. He noted substantial existing asphalt for parking and that the new driveway would connect to existing pavement. They have already cleared some vegetation near the proposed Ashmont access point.

Discussion Items

• Staff Presentation (by Ms. Tillman): Reviewed the property details (RE-1 zoning, 2.1 acres, corner lot), the existing driveway with two masonry columns, and the applicant's safety justification. The variance criteria were explained: the applicant must demonstrate exceptional narrowness, shape, topography, or other extraordinary conditions causing undue hardship (financial hardship alone insufficient).
• Board Questions & Deliberation:
  • Members asked about the property's history (owned for ~20 years, previously rented to daughters), whether the second driveway intended to increase parking (no), and whether the applicant considered closing the Poplar Pike entrance (Like wished to preserve the historic columns but acknowledged the idea).
  • Several members had visited the site and noted the dangerous intersection with C.D. Smith Road and the curve on Poplar Pike. They agreed the location created a peculiar, exceptional practical difficulty due to heavy traffic and sight-line issues.
  • Concerns were raised about vegetation near the Ashmont driveway; Warman confirmed trees had been removed and more clearing planned.

Key Outcomes

• Approval of Variance (unanimous): The board voted 6-0 to approve the variance for a second 12-foot-wide driveway off Ashmon Drive within the front yard setback, subject to proper clearing for safe visibility. Members cited extraordinary and exceptional circumstances due to traffic, road geometry, and safety concerns, resulting in peculiar and exceptional practical difficulties. The approved location and conditions are as depicted in the application and discussion.
• The board noted that October and November meetings are canceled (fall break and Veterans Day), but special meetings may be called if needed.