Brookhaven board defers decision on Divine Circle variances after neighbors raise concerns

The Brookhaven Board of Appeals on Wednesday voted to defer action on a package of variance requests for five lots on Divine Circle after residents pressed for more study of neighborhood impact and engineers described a compensating stormwater plan.

The board granted a 30-day deferral for VAR25-00024 to the Oct. 15 meeting, saying staff and the applicant should use the interval to test modest lot-line shifts, examine whether Lot 5 can be reduced to enlarge adjacent lots, and provide clearer numbers on how a detention pond would serve the public benefit.

Why it matters: Neighbors told the board the requested variances — including reductions to front and rear setbacks, impervious-surface proposals, and a requested reduction of the stream buffer — would allow denser, smaller lots that are out of character with Linwood Park. Developers and their engineer responded that the five parcels are preexisting record lots, that many nearby parcels are undersized relative to the RS-75 standard, and that a proposed detention pond to be dedicated to the city would provide downstream water-quality benefits.

During public comment, residents argued the variances amounted to a de-facto rezoning. A resident, Yolanda, said the plan would “cram too much development into this little piece of land” and urged the board to deny the requests or defer them for further review. Another neighbor, Sumeet Jeth, submitted measurements and argued lots 3 and 4 would fall well below the RS-75 10,000-square-foot minimum (he cited figures around 7,000 and 7,700 square feet) and that the applicant’s proposed 3,500-square-foot impervious cap would still push those lots beyond typical allowances.

The applicant’s engineer, Robert Morcliff, said the lots are preexisting and that many homes in the area sit on parcels smaller than 10,000 square feet; he described a stormwater detention pond that he said would treat upstream runoff and be dedicated to the city, which the applicant contends offsets the requested stream-buffer reduction.

Board questions focused on measurement methodology (curb-to-house measurements versus right-of-way/property-line measurements), the Linwood Park blanket variance (staff noted a typical 50-foot-from-centerline measure in that neighborhood), and whether making Lot 5 smaller could allow Lots 2–4 to widen and reduce the need for some variances. Staff also noted that the applicant’s proposal includes per-lot impervious surfaces shown at about 3,450 and 3,400 square feet for two lots, consistent with staff’s condition recommending a 3,500-square-foot cap.

An initial motion to approve the variances failed for lack of a second. A subsequent motion to defer for 30 days carried; the chair announced the motion carried unanimously. The board directed staff and the applicant to provide feasibility checks on modest lot-line shifts, consider front-setback adjustments to better align new houses with the existing street, and supply a clearer breakdown of what portion of the detention pond’s benefit would be dedicated to broader downstream water-quality improvements versus what is required merely to serve the four new homes.

What happens next: The applicant will have until Oct. 15 to present revised options and supplemental information. The board’s deferral does not approve any variances; it preserves the board’s discretion to act after reviewing new materials.