Commission approves setback variances for addition at 312 South Ninth Street

The Livingston City Commission voted to approve a zoning variance that will allow a rear addition at 312 South Ninth Street to encroach slightly into existing side setbacks.

Why it matters: The property is in an R‑2 medium‑density residential zone. Planning staff found the house to be a legally nonconforming structure that already encroaches into the required side setbacks; the proposed addition is narrower than the existing house and will not increase the current encroachment.

Jennifer Severson, the city planning director, summarized the request and staff analysis. The owners requested a 2‑inch variance on the north side (requested setback 4 feet 10 inches) and a 1‑foot‑7‑inch variance on the south side (requested setback 3 feet 5 inches) from the 5‑foot required side setback to accommodate a 397‑square‑foot addition. "The existing home ... encroaches into the side setbacks," Severson said, and the proposed design, she added, actually reduces the nonconforming width in the addition.

Severson told the commission she had spoken with both adjacent neighbors; one visited city offices and the other emailed the planning staff and both indicated they had no concerns. The applicant's architect had discussed alternatives with staff, including narrowing the addition or shifting it back, but a narrower footprint would have created stairway and building‑code difficulties and shifting the addition back would have conflicted with an existing large shade tree the owners plan to remove.

Commissioner Kale moved to approve the requested variances; Commissioner Lyons seconded. The commission approved the motion on roll call: Chair Quentin Schwartz and all voting commissioners voted yes. The motion language on the record was: "I move to approve the requested 2 inch north side setback variance and the 1 foot 7 inch south side variance setback for the required 5 foot side setback distance ... for the purpose of constructing an addition to the existing residence located at 312 South Ninth Street." The vote was recorded in the transcript as unanimous in favor.

What happens next: With the variance approved, the applicant may proceed with permitting and building‑permit applications for the addition subject to standard building‑code review and permits.

Community context: Planning staff said the lot and house date to an earlier period when setback standards were different and that similar nonconforming properties exist on the same block.