The Board of Zoning Appeals approved a development standards variance to reduce the 20-foot side-yard setback to roughly 9 feet 10 inches for a south-facing canopy (referred to in staff paperwork as a canopy/awning) at 10701 Deandre Drive B.

Staff presented the petition as a request under the I-2 zoning district to permit an accessory canopy to encroach into the required south side-yard setback. Jonathan Smith (planning staff) outlined the standards for variances and said staff agreed the request met criteria 1 (not injurious to public health, safety or general welfare) and 2 (would not substantially affect adjacent property values), but staff did not find the petitioner had demonstrated the third criterion of "unnecessary hardship." Smith told the board: "In this case, staff believes the land already yields a reasonable return ... The information submitted ... was solely financial, which alone is not enough to rise to the level of unnecessary hardship."

Property owner Steve Imo and consultant Jason Greesen explained the canopy was part of a renovation to refresh an existing commercial building; Greesen showed photographs and said the canopy would improve weather protection for doors and windows and improve the building's appearance. Imo said the southern area adjacent to the building is a permanent common retention pond area and that "there's never ever going to be anything built" there.

Board members discussed the purpose of setbacks (light, air, maintenance) but several members concluded that because the adjacent parcel is a retention pond and not a developable lot, the practical impact of the encroachment is limited. One board member suggested adding a condition limiting the variance to the canopy itself to prevent future structural relocation closer to the property line.

The board voted to approve docket 2025-30-DSV to reduce the side-yard setback from 20 feet to 9 feet 10 inches for the south canopy at 10701 Deandre Drive B, with the approval limited to the canopy as presented in the submitted site plans. The roll call recorded ayes from the sitting board members.