Shenandoah council denies developer's permit appeal for five houses

The Shenandoah City Council denied a permit appeal Nov. 13. (photo by Hannah Zedaker/Community Impact Newspaper).
The Shenandoah City Council denied a permit appeal Nov. 13. (photo by Hannah Zedaker/Community Impact Newspaper).

The Shenandoah City Council denied a permit appeal Nov. 13. (photo by Hannah Zedaker/Community Impact Newspaper).

The Shenandoah City Council unanimously voted to deny an appeal from developer PHSH Construction for five new home permits off I-45 near Shenandoah Park Drive on Nov. 13.

During a previous hearing, PHSH Construction attorneys Joseph Anderson and Ian Faria said House Bill 2439, signed into law earlier this year, prohibits cities from regulating building materials for new developments beyond national standards.

Anderson said the developer proposed using 60% masonry on the front and rear elevations of the houses and 60% masonry on the side elevations that are more than 10 feet from another unit.

The developer also proposed using James Hardie siding for the interior siding for units, which was proposed at the previous hearing.

Units constructed for the area designated as the live/work section of the Centro development will consist of 80% masonry and all commercial buildings will be 100% masonry. Anderson said the requirements would be incorporated into the Centro Homeowners Association.



“We believe this is a reasonable offer to compromise,” Anderson said. “Looking from the street, which I believe is one of the city’s main concerns, it will look like a masonry community. Every elevation you can see from the street will be 60% masonry like it would have been before HB 2439 was passed.”

Shenandoah Mayor Ritch Wheeler said the biggest concern the council has is how well the development will withstand the test of time.

“We are looking at such a departure from the original concept,” Wheeler said. “Do we want to put something out there that is not going to withstand the test of time, that is not going to hold its value simply because somebody wants to be able to sell it at a minimally less sales price today?”

The city council voted 5-0 to deny the appeal. Wheeler said the ball is back in PHSH’s court as to future action.

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