Jefferson County board approves rear-setback variance for Huntington Glen home

The Jefferson County Board of Adjustment on an undisclosed date approved a variance allowing a homeowner at 1275 Timber Creek Lane in the Huntington Glen subdivision to cover an existing patio, reducing the required rear-yard setback from 30 feet to 25 feet.

Staff presented the case as BOA25004, saying the applicant sought relief to cover an existing concrete patio and that the parcel is roughly 0.17 acre and zoned R R-10, single-family residential. Rachel, a staff member, told the board that the site backs up to a strip of common ground used for stormwater conveyance and that, based on the Unified Development Order, covered patios must be located 30 feet from the rear property line. Rachel said staff recommended denial of the requested variance. "Based on the analysis, staff recommends denial of the requested variance for relief from the required 30 foot rear yard setback to be reduced to 25 feet along the rear property line in the R 10 Zone District," she said.

Petitioner Nikki Mulkey said the patio was poured during original construction and that the request was to place a gable-style roof over the existing slab. "We aren't asking to expand the patio. We're not asking to create something that is disruptive to the neighbor or out of character for our neighborhood," Mulkey said, noting that she had spoken with immediate neighbors in advance and submitted letters of support. Mulkey also described practical reasons for the cover, saying the rear of the house faces due west and direct afternoon sunlight raises indoor temperatures and makes the patio nearly unusable in summer months.

Board members asked clarifying questions during the hearing. One board member asked whether flat work (the patio slab) could be beyond the building line; staff clarified that flat work can be beyond the building line but roof structures must meet the 30-foot requirement. The staff presentation noted a small discrepancy between measurements: the submitted site plan shows about a 3.9-foot encroachment while the application requested a 5-foot reduction; staff stated the actual distance from the proposed roof to the rear property line was about 26.1 feet.

Despite the staff recommendation to deny, a motion to approve BOA25004 was made and seconded and carried. The board did not record a roll-call vote in the transcript excerpt; the motion passed after the board called for "Aye." The board also accepted evidence into the record, including Exhibit A (Jefferson County Code of Ordinances, Chapter 400, Unified Development Order, adopted 04/02/2008, as amended), Exhibit B (staff report and case files), and Exhibit C (documents submitted by the petitioner).

Votes at a glance: - Approval of agenda — motion carried (routine procedural vote). - Approval of minutes from 03/13/2025 — motion carried (routine procedural vote). - Acceptance of county exhibits (Exhibit A and B) — motion carried. - Acceptance of petitioner exhibits (Exhibit C) — motion carried. - BOA25004 (variance to reduce rear-yard setback from 30 ft to 25 ft for 1275 Timber Creek Lane) — approved by the board despite staff recommendation of denial. - Approval of Board of Adjustment Order for BOA25003 (previous item) — motion carried.

The petitioner thanked the board after the vote and said her builder had initially been told the application would be denied when it was first submitted. The board concluded the brief meeting with a standard adjournment motion. The transcript does not show further conditions attached to the variance or any follow-up requirements in the excerpt provided.

The board's action allows the homeowner to cover the existing patio with the proposed roof design; the record indicates the lot remains developed similarly to neighboring lots and that no flood concerns were reported in staff materials.