Zoning Variance

Because of the noise generated by the nearby Downtown Expressway and the City’s interpretation of the zoning ordinance that required a front yard in the rear of the property, I knew that I would require a zoning variance to build a wall that was 6.5’ in height (versus the allowable 4’ in a front yard) on the north side of the Idle Gray lot.  After initial discussions with the City’s Planning and Development Review department in December, they also pointed out a section of the zoning ordinance that would require more than the minimum yard setback on the Idlewood Avenue side of the property.  The yard setback posed an issue to building anything based on the irregular shape of the lot, so I needed to seek a variance for both wall height and yard setback.

In preparation for the March Board of Zoning Appeals (BZA) meeting, the City required that I:
- Discuss my project with neighbors
- Present my plans to the Byrd Park Civic League
- Submit a written narrative, photographs, proposed site plan, and proposed elevations of both the house and the wall

I accomplished the above by sending a letter to all neighbors within 150 feet of the property in January explaining my plans and talking to those who responded, presenting my plans at the February meeting of the Byrd Park Civic League, and submitting my written materials to the City by their due date of month before the meeting.  All neighbors I spoke with and all officers and members of the civic league supported my plan.  I spent a significant amount of effort to prepare the materials and make presentations.  Plus it cost about $10,000 in architect fees to have the site plan and elevations prepared.  The nerve racking part of the process was that my efforts and expsenses would be for naught if the BZA did not grant my variance request.

The BZA unanimously adopted a resolution granting my variance request subject to substantial compliance with the elevation drawings I submitted.