Developer PHSH Construction, LLC is filing its appeal because the permits were initially denied on Sept. 4 by Shenandoah's ordinance which states residential property exteriors must consist of 60% masonry siding.
Attorneys Ian Faria and Joseph Anderson, who represent PHSH Construction, said House Bill 2439, which was signed into law this year and took effect Sept. 1, prohibits a city or municipality from regulating what building materials are used for most new developments beyond national standards.
"There are three reasons why we think this appeal should be granted," Anderson said. "The first one is there is no agreement between PHSH and the city regarding masonry. With the passage of HB 2439, the city is now violating the law by trying to enforce the masonry requirement. The third reason is PHSH is continuing to offer a compromise that should hopefully address everybody's concerns."
Anderson said the front and rear elevations of the developments would still have the required 60% masonry and only the sides would have a non-masonry siding.
Council member Ted Fletcher said he received conflicting information in an email from the developer, who reportedly said housing affordability was not about profit, but having a successful project.
The council unanimously agreed to table the matter in order to have more time to look over the information presented.