The Board of Adjustment voted 5-0 to approve a variance for the property owner of Lot 22 A, Los Horizons edition, to legalize an existing accessory structure that had been built without a permit.

The variance was requested after the structure was constructed and after multiple public notices were mailed and published; planning staff told the board no neighbors had contacted the city to oppose the request. "My recommendation is to approve this variance request," a city planning staff member said during the hearing.

Board members opened a public hearing and discussed whether to continue the item to a later meeting so the applicant could appear before a full or potentially different board. The applicant had earlier asked for a continuance so the case could be heard before a full board of adjustment; staff noted the applicant had missed work to attend previous hearings. The board ultimately decided to proceed with the presentation and vote at the meeting.

Planning staff told the board the central factual points were that an accessory structure was built without a permit, that the city had issued multiple public notices in the newspaper and to adjacent residents, and that staff had received no recorded opposition. Staff also noted this is an uncommon post-construction variance request and recommended approval on that basis and the absence of neighbor complaints. "Based on the facts and current situation and future potential changes to the setback rules based on the new UDC... Good to go," the staff member said.

Board members and counsel discussed options to reduce similar occurrences in the future. Counsel and members suggested citizen education and clearer online permitting guidance; staff said the permitting page could be updated and that the city map can be used to show whether an address lies inside city limits or the extraterritorial jurisdiction. "We can add a section on our permitting page," a staff member said.

A motion to approve the variance was made and seconded; the board recorded the vote as 5-0 in favor. Following the vote a presiding member said, "Looks like motion carries 5 to 0." The board directed staff to draft an order formalizing the approval.

The action applies to the specific lot identified in the motion; the approval was limited to the variance request as stated at the hearing. Staff and board members discussed—without adopting additional formal conditions—education and proactive permitting outreach to reduce future post-construction variance requests.

The item had been before the board multiple times previously; staff noted this was the fourth time the matter had appeared on the board's agenda. The board closed the public hearing and then adjourned the meeting.

Votes at a glance: variance for Lot 22 A, Los Horizons edition — motion approved 5-0.

(End of report.)