Zoning Board Rejects Controversial HVAC Variance Request

In a recent government meeting, discussions centered around a variance application concerning the installation of heat pumps at a residential property located within urban neighborhood zoning. The applicant sought to reduce the required interior side yard setback from 2 feet to 0.8 feet for the installation of two heat pumps, which stand at 5.3 feet tall.

The existing structure is already positioned 4.8 feet from the south interior side property line, with a slight increase to 5.7 feet at the east end. A rear addition to the home was approved and constructed in 2023. However, the proposed heat pumps would encroach on the required side yard, raising concerns among staff regarding compliance with zoning ordinances.

City staff highlighted several challenges associated with the variance request. They noted that the proposed installation does not align with the spirit and intent of the zoning regulations, which aim to maintain a uniform built environment and ensure adequate separation between uses. The staff emphasized that there is sufficient space at the rear of the property to accommodate the heat pumps without violating setback requirements.

Furthermore, the staff pointed out that the proposed encroachment could alter the essential character of the area, as it deviates significantly from established regulations for permitted obstructions. They also raised safety concerns, stating that maintaining a two-foot clearance is necessary for emergency personnel access around the building.

Despite the applicant's request, staff recommended that the zoning board of adjustment deny the variance, citing non-compliance with both the interior side yard requirements and the standards set forth in the Shoreland overlay district. The board will consider this recommendation in their upcoming deliberations.