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Zoning board approves 14-foot rear-yard setback for Sites at 408 Cedar Glen Circle
Summary
The East Ridge Board of Zoning Appeals approved variance VR254 to allow a 22-by-33-foot addition at 408 Cedar Glen Circle to sit 14 feet from the rear property line, deviating from the 25-foot requirement in the city's zoning ordinance.
The East Ridge Board of Zoning Appeals voted to approve variance VR254 for Jeff and Rosemary Sites of 408 Cedar Glen Circle, allowing a rear-yard setback of 14 feet for a proposed 22-by-33-foot addition to their single-family dwelling. The board's stated setback requirement under Article 5, Section 200 (R-1 residential district) requires a minimum 25-foot rear yard.
The applicants originally proposed a 25-by-30-foot addition that would have left 2 feet of rear setback; they later revised plans to a 22-by-33-foot addition that would have yielded a 6-foot setback. During the hearing, the Sites said a two-story design and an interior stair lift for a parent could increase the effective setback (by stepping the addition upward rather than deeper into the yard). Rosemary Sites told the board, “As long as we can have a stair lift in, then we're okay … because my dad can't go up and down steps.”
Chairman Steven Leach and board members discussed prior precedent, noting the board had previously granted a roughly 15-foot rear-yard variance on the property. After discussion the board preferred a middle ground between the original proposal and the applicants’ first revision: a 14-foot rear-yard setback. A motion to approve the variance with a 14-foot setback passed by voice vote; the board recorded the approval and instructed the applicants to work with city staff on permit review and plan coordination.
Board members and staff reviewed the applicable standards from the city's zoning ordinance and state law. The board emphasized that variances run with the land: if a permitted project is not started within one year, the applicant would need to reapply. The board also reviewed Article 8 of the ordinance on nonconforming structures and noted that expansions that do not increase nonconformity are treated differently than new encroachments.
Practical details in the record: the approved addition size is 22 by 33 feet; the city’s R-1 rear-yard requirement is 25 feet; the final approved 14-foot setback therefore represents an 11-foot variance from the ordinance (25 minus 14). The board instructed the Sites to coordinate final plans and any required building permits with city staff and the building department.
Votes at the meeting were taken by voice; the chair called for aye/oppose and the motion carried. The board did not attach additional conditions in the motion beyond the setback and the standard requirement that work be permitted and commenced in accordance with city procedures.
