Board of Adjustment approves setback variance for four Lakeview lots, despite neighbor objections

The Board of Adjustment voted to approve a 30% setback variance that will allow Legacy Home Construction to build single‑family homes on four nonconforming lots in the Lakeview neighborhood.

Planning staff presented the application and recommended approval, saying the four lots (610, 611, 612 and 687) were legal nonconforming lots of record created in 1916 and each is approximately 0.14 acres. Staff cited the Unified Development Ordinance (UDO) — including section 9.9 and chapter 14 on appeals and variances — and said the application satisfied the four required findings: the hardship results from the UDO’s strict application, the hardship is due to property size and shape, it was not created by the applicant, and the proposed residential use is consistent with the intent of the RA‑20 zoning district.

Travis Green, president of Legacy Home Construction, told the board the plan uses a common drive off Matthews Road to serve the new units and that the proposed houses are designed to fit the scale and character of Lakeview. Green described the houses on Holly Road as roughly 1,400–1,600 square feet and the Matthews Road house as about 1,800–1,900 square feet; most units will be 1½ stories, with a full two‑story house on the corner.

An adjacent homeowner, Jeanette Jay Barber of 1005 Holly Road, testified in opposition. Barber said the proposed houses would "take away the charm of Lakeview," would intensify traffic in an area she described as a quiet neighborhood, and could depress the value of her property; she also said she has lived at that address for about 50 years and that her mobile home is grandfathered. The board was reminded that testimony about property values requires expert evidence to be considered conclusively.

Board members asked staff and the applicant detailed questions about the lots and site plan: staff confirmed the map establishing the lots dated to 1916 and that many Lakeview houses predate current zoning with reduced setbacks; the applicant explained that several original parcels had been recombined to produce the current four lots and that drive access would come off Matthews Road rather than directly onto Holly Road.

After discussion, a board member moved to pass the variance and another seconded. The board voted by raised hands; the chair announced the motion carried. The record does not include a roll‑call tally of individual yes/no votes, but the chair stated the motion was approved and staff offered to prepare the written order for signature during a brief recess.

The board adjourned after confirming approval and arranging signature of the variance order.