Board denies variance request for oversized accessory dwelling at Rumack Street property

Marty Donovan asked the Board of Adjustment for a variance to build a two‑story elevated accessory dwelling of about 1,600 square feet (800 sq ft footprint) behind a 1,349-sq-ft primary residence at 611 Rumack Street. Staff presented the relevant Land Development Code provisions and recommended denial because the LDC limits accessory structures on lots under 2 acres to no more than 50% of the primary dwelling’s gross floor area and because the requested size exceeds the minimum relief necessary.

Donovan said he and his partner had designed what they described as a modest retirement home and argued a 675-sq-ft cap would be an unreasonable hardship; he explained he had relied on a conditional-use approval obtained in 2023 and only later learned of the 50% size restriction. Neighbors and a former tenant raised concerns about past lot clearing and easement changes. After extended board questioning about hardship, subordination of accessory uses and code interpretation, the board voted 6–1 to accept staff’s findings and deny the variance. Chair and staff reminded the applicant that appeal rights and other options (e.g., reconfiguring lots to create a conforming parcel) remain available.