Powell Board of Zoning Appeals Meeting – December 4, 2025

The Powell Board of Zoning Appeals (BZA) held a regular meeting on Thursday, December 4, 2025, at 6:00 PM in Council Chambers. The board considered one variance request for a recreational structure (basketball court) at 292 Tree Haven Avenue. After discussion and a vote, the variance was denied. The meeting also included approval of prior minutes and scheduling of the next meeting.

Consent Calendar

• Approval of Minutes (May 1, 2025): The minutes were approved as amended, reflecting that the chair opened and closed the hearing of visitors with no comments. The motion carried unanimously.

Public Comments & Testimony

• No members of the public spoke during the hearing of visitors for items not on the agenda.

Discussion Items

• Variance Case 2025-35V – 292 Tree Haven Avenue:
  • Request: Applicant Eric Ebbers requested a variance to Code Section 1147.14 to allow a recreational structure (concrete basketball court with hoop) to encroach into the required rear yard setback from 15 feet (allowable for recreational structures) to 6 feet, and into the required side yard setback from 10 feet to 3 feet. The property is in the Grandshire subdivision, zoned PR (Planned Residence District). The lot has no adjacent rear neighbor; it backs to an open space (Grand Shire reserve) with a sidewalk.
  • Staff Report (Revised): Staff recommended denial, citing that the variance is substantial (more than half the allowable encroachment), potential noise impacts, and the existence of alternative locations on the property closer to the house (though requiring tree removal). Staff also noted that the HOA requires a 10-foot setback, but that is not a city enforcement matter.
  • Applicant’s Testimony (Eric Ebbers): He clarified that the proposal does not include lighting (a graphic in the initial application was a rendering from a different product). He argued that placing the court near the rear minimizes noise impact on neighbors compared to alternative spots closer to adjacent homes. He noted the property has a two-foot grade change in the front and a large tree stand in the rear, limiting options. The diagonal orientation preserves existing trees. He also stated that the HOA has indicated they will abide by the city’s decision.
  • Board Discussion:
    • Members debated the seven variance standards. Some found the variance substantial but noted the unique lot configuration (no rear neighbor) and the applicant’s effort to minimize neighbor impact.
    • Others expressed concern about the degree of encroachment (from 15 feet to 6 feet rear, 10 feet to 3 feet side) and the precedent it might set.
    • The board acknowledged that the HOA’s separate 10-foot setback requirement would still apply even if the city variance were granted.
  • Vote: A motion to approve the variance was made and seconded. The vote was 2 in favor (Jim Hrivnik and Jonathan Freeman) and 2 opposed (Randy Duncan and Ryan Breckner). Because the board has five members and a majority (three votes) is required for approval, the motion failed. The chair (who recused himself) did not vote.

Key Outcomes

• Variance Denied: The request to allow a recreational structure at 292 Tree Haven Avenue with reduced setbacks (6 feet rear, 3 feet side) was not approved (motion failed 2-2). The applicant may revise and resubmit.
• Next Meeting: The BZA scheduled its next meeting for January 8, 2026, to consider a sign variance. The board also noted ongoing work on a zoning code update (targeting late spring adoption) and will share updates at public meetings.
• Other Business: The board directed code enforcement to follow up on a previously approved sign variance on East Powell Road to verify conditions (occupancy threshold or time limit) were met.