Board of Zoning Appeals Meeting – February 10, 2026

The Board of Zoning Appeals met on February 10, 2026, at 5:30 p.m. in City Hall Council Chambers. The board acted as a quasi-judicial body, hearing one variance application. After staff presentation, public testimony, and deliberation, the board unanimously approved the requested variance.

Consent Calendar

• Minutes Approval: The minutes from the January 13, 2026 meeting were approved by a unanimous vote.

Public Comments & Testimony

• Paul Mortimer (2323 Duntreath Rd.) spoke in opposition to the variance. He expressed concern about the impact on sight lines and the character of the neighborhood, noting that the proposed garage would be built close to the private street (Waldenwood Cove) and would obscure views of existing homes. He also questioned whether the letters of support from adjacent property owners were obtained under duress.

Discussion Items

• Case 26-001 – Variance at 2314 Duntreath Rd.
  • Staff Presentation: City Planner Pounder explained that the property is zoned RE-1 and is adjacent to Waldenwood Cove, a private street. Because the subdivision plat shows a 40-foot right-of-way for the private street, the property is technically considered a corner lot, requiring a 60-foot front yard setback on both street frontages. The applicant requested a 25-foot side yard setback to build a 1,100-square-foot garage. Staff noted that the applicant obtained signed letters of support from all four homeowners on the cove, but one letter of concern was received the day before the meeting.
  • Board Questions: Board members asked about the history of the lot, the subdivision approvals, and the definition of a corner lot. Staff clarified that the private street is considered a street under subdivision regulations, and that the situation is similar to a previous case on Forest Hill Bend. The board also discussed the eight-foot buffer between the pavement and the property line, which provides additional visual separation.
  • Applicant’s Argument: Attorney Mark T. Jobe, Jr. (representing property owner Anton Dias Perera) argued that the extraordinary circumstances created by the development of Waldenwood Cove imposed a burden on the lot. He contended that the property is not a true corner lot because the private drive is maintained as common open space for the subdivision, and the garage would be set back 33–35 feet from the actual pavement. He also noted that the house is over 300 feet from Duntreath Road, so there is no traffic safety concern. The applicant proposed additional landscaping to maintain the buffer.
  • Board Deliberation: Board members expressed sympathy for the applicant’s situation, noting that the corner lot designation was created by the adjacent subdivision’s design. They acknowledged the hardship imposed by the 60-foot setback requirement.

Key Outcomes

• Vote to Approve Variance: The board voted unanimously (6–0) to approve a variance allowing a 25-foot side yard setback on the south side of the lot at 2314 Duntreath Road, subject to the site plan submitted. Each member stated their reasons for approval:
  • Mr. Bland: Yes, due to exceptional narrowness, shallowness, and shape of the property resulting in peculiar practical difficulties.
  • Mr. McDermott: Yes, for the reasons stated by Mr. Bland.
  • Mr. Jacobs: Yes, due to other extraordinary and exceptional conditions created by the development of the subdivision immediately to the south and the adjacent private street.
  • Mr. Town: Yes, for the same reasons as Mr. Jacobs.
  • Vice Mayor Gibson: Yes, based on the extraordinary and exceptional situation of the property being impacted by the corner lot designation.
  • Vice Chair Meanwell: Yes, for the reasons previously stated.

The motion passed, and the meeting adjourned without further business.