Board denies side-setback variance for detached garage at Winding Lane

The Brookhaven Board of Appeals denied a variance request for a detached garage at 2693 Winding Lane (VAR25-00026) after hearing from the homeowner, design consultant and neighbors.

Courtney Willis, the landscape architect representing homeowners Clay and Betsy Hale, asked the board for a setback reduction to place a small garage close to the rear of a narrow, nonconforming RS-100 lot while minimizing additional impervious surface through permeable pavers. Clay Hale explained the request was intended to reduce on-street parking and permit straightforward driveway access.

Staff had recommended denial. Board members asked whether alternatives existed — expanding the front parking pad, relocating the garage to meet a 10-foot setback, or claiming an impervious-coverage bonus for a detached accessory dwelling unit — and pressed the applicant on whether the proposal represented a necessary hardship rather than a preference. The applicant said moving the garage back to meet the 10-foot standard would push it into a stream-buffer area or make backyard access impractical.

After discussion, a motion to deny the variance was moved and seconded; the chair announced the motion carried and declared the variance denied. The transcript records the chair’s announcement as 'motion carries 3 2 1' and then states the request is denied; the hearing record does not include a clear numeric roll-call aligned to standard board-seat labels in the transcript.

The chair reminded the applicant that a denial prevents a similar setback request for two years unless the applicant withdraws and reapplies; withdrawal remains an option to preserve an earlier opportunity to reapply. The applicant indicated interest in possible alternatives and the record includes at least one oppositional email received before the meeting.

Next steps: The denial stands unless the applicant requests a withdrawal instead of a denial. The applicant can revisit design alternatives or expand on impervious-surface strategies to address staff and board concerns.