Okay, we'll call the order of the meeting of the Electoral Board of Zoning Appeals for October 14th
of 2026. Caleb with Julius and the Pledge of Allegiance. I pledge allegiance to the flag of the United
States of America and to the Republic for which it stands, one nation under God, indivisible, with liberty
and justice for all.
Roll call please. David Drake. Here. Travis Conyer. Here. Pat Wieselowski. Here. Caleb Plummer. Here.
Matt Siebaugh. Here. The first item on our agenda is approval of the minutes for our meeting for June
10th, 26th. So moved. Seconded. Second. We have a motion and a second. All those in favor say aye. Aye. Opposed?
Motion carries. Does anyone have a conflict of interest with any of the items on our agenda this evening?
Hearing none, we have no old business, new business. There's nobody here to care about that, but I will
make it for the record and get the BZA 26-7 petition involving the home business in a residential zoning
at 4504 North Triple Crown Drive has been withdrawn. So the only item on our agenda for this evening
is a petition for a variance from development standards to allow a six foot fence in the front yard
along the corner of West Justice Avenue and North Loudoun Road. Location is 7548 West Justice Avenue.
Petitioner is Erin Taylor, case number BZA 26-6.
On the agenda tonight, petitioner Aaron Taylor is requesting a variance from development standards to
allow a six foot fence in the front yard setback along the corner of West Justice Avenue and North Loudon
Road, subject parcels located at 7548 West Justice Avenue. The parcel is a corner lot pursuant to the
Unified Development Ordinance. Corner lots have two front yards, a primary and a secondary.
The UDO requires fences along the road frontage to have a maximum height of four feet. The proposed
fence will be located approximately 30 feet from the middle of the street. Originally, the fence was
to be located 25 feet from the middle of the street and the petitioner increased it to 30 feet from
the middle at the planning department's request, so we appreciated that. The petitioner has large dogs.
capable of jumping a four-foot fence. In all actions on variance requests, the Borazanian Appeals shows
the following decision criteria. One, general welfare, the approval of the variances from development
standards will not be injurious to the public health, safety, morals, and general welfare of the community.
Staff finding approval would not cause any significant problems in relation to public health and safety.
Two, adjacent property, the use or value of the area adjacent to the property included in the variance
will not be affected in a substantially adverse manner. Staff finding the development standard variance
will not affect adjacent properties in a substantially adverse manner.
Practical difficulty, the strict application of the terms of the zoning ordinance will result in the
practical difficulties in the use of the property. The petitioners need to contain their dog's conflict
with the height restriction applicable to a fence and side yard of a corner lot. Four, compliance with
comprehensive plan. The variance request is substantially in compliance with the existing comprehensive plan.
Staff finding the subject parcels located in prominence fields, phase one. Petitioners providing a safe
area for when pedestrians walk near their property. Five, financial hardship. The need for the variance
does arise from some condition peculiar to the property involved. While corner lot is not peculiar to
the subject parcel,
A financial hardship is created when requesting a variance to allow six foot fence along the secondary
front yard. Compliance with other town codes. The variance request is substantially in compliance with
other town codes. Staff finding the property is currently in compliance with all other town codes. And
I want you to know that I allowed the petitioner to go ahead and put up the fence
Originally, this petition was to come before you in September. And there was an email confusion. And
she had made arrangements for the fence to go up after she would have attended the BZA meeting. And
she had it all planned. And her son, she's having a birthday party I think September 24th for her little
boy. And there was going to be other children. And she wanted the fence up.
So we talked about it and I let her go ahead and put it up with the understanding if you rolled against
her, she would have to bring that side yard fence down to four feet and she was fine with it and she
has paid for the building permit. The Board of Zoning Appeals action shall be in the form of approval,
approval with conditions, denial or a continuance.
The Board of Zoning Appeals takes final action on all variance petitions. Staff recommendation, the
purpose of the variance is to provide relief in situations where the land or other condition offers
resistance to meeting a particular zoning regulation through no fault of the occupant of the land. Therefore,
based on the above criteria, it is the staff opinion that the variance meets all requirements
and criteria and therefore recommends approval of the variance request. The board may approve the variance
if after testimony and discussion it finds that the request meet all six of the stated requirements.
If the board denies a variance it shall state which requirements have not been met. So this is location
and then there's the fence pictures of the fence already up and this is the
The top one is the one that would have needed a four foot fence on that side. And so I allowed to go
ahead and put up with six foot. I wondered when I saw the picture how you put that fence on there to
make it look like it was already there. And there's some more of the fence in its entirety. But I assume
the neighbor on that
East side didn't complain. I've not heard from anybody regarding this petition. I see they have some
type of offense. There in their yard. So my only concern was I wasn't sure I didn't figure that ready
to do this, but I wasn't sure that I didn't really think it was a good idea to put a six foot fence
all the way down the property line all the way around the
The building and I see that didn't that didn't happen. Yeah. Does anybody have any questions for Denise?
Petitions here any questions or anything you want to say or you just want to answer questions you asked
about my neighbor next door? He said he didn't care. He said he could come to me if we needed him to,
but I didn't know we did it. Anybody have any questions? No, I have none.
a motion that we approve the petition for a variance from development standards to allow a six-foot
fence as shown at 7548 West Justice Avenue, case number BZA 26-6. I'll second. We have a motion to the
second roll call, please. K.D. Drake. Yes. Travis Croninger. Yes. Caleb Plumlin. Yes. Matt Seabal. Yes.
Katliss Lawski. Yes. Motion carries.
Thank you. And may have a BZA case on November 18. Probably the one that was next on the agenda for
tonight will return to you. OK. And other than that, that's all the new business I have at this time
for November. Privilege of the floor? I don't see any floor to have privilege, so.
Do we have any comments from the board? Seeing none, we're adjourned.