The Montgomery Board of Adjustment convened on March 20, 2025, to discuss several key issues, including a motion regarding a fence setback and a request for a special exception for a mobile home. The meeting highlighted the complexities of property rights and zoning regulations in the area.
One of the primary discussions involved a motion to approve the construction of a fence, with the stipulation that it be moved back five feet from the street. The board unanimously supported this motion, emphasizing the importance of maintaining aesthetic standards in the community.
The more contentious topic arose from a request by Devon Harrington for a special exception to place a mobile home on his half-acre parcel located west of Charlie Brazzle Place. Harrington stated that the mobile home would be for his personal residence. However, the discussion quickly turned into a debate over property access rights. Jeff Russell, a local resident, contested the request, arguing that the land had historically been used for agricultural purposes and that Harrington lacked the necessary access easement to legally place a mobile home there.
The board members acknowledged the complexity of the situation, noting that there were conflicting deeds regarding the access easement. While Harrington presented documentation claiming he had a 20-foot easement, Russell maintained that his grandfather's original deed did not include such an easement. This disagreement raised concerns about whether the board could approve the mobile home without resolving the access issue first.
Despite the ongoing dispute, the board ultimately decided to proceed with the discussion of the mobile home request, indicating that if access were later deemed insufficient, the approval could be revoked. This decision reflects the board's intent to balance the need for housing with adherence to property laws and community standards.
As the meeting concluded, the board recognized the need for further legal clarification regarding the easement dispute. The outcome of this case will likely set a precedent for future property use requests in Montgomery, highlighting the importance of clear property rights and zoning regulations in the community. The board's next steps will involve seeking legal advice to resolve the access easement issue before making a final decision on Harrington's request.