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Committee grants two variances, denies fence‑height and driveway width for 40130 Third Avenue North
Summary
The committee approved two of four appeals for 40130 Third Avenue North on March 4, 2025: it granted a reduced front/corner setback for a ground‑level patio and increased impervious coverage (capped at 75%), but denied a higher fence and a wider driveway.
The Business, Housing and Zoning Committee decided four variance requests for the property at 40130 Third Avenue North on March 4, 2025, after hearing from owner Catherine Hill and staff.
Nicholas Ollette of CPED explained the applications sought (1) to increase a required front and corner‑side yard fence height from 4 to 6 feet, (2) to increase impervious surface coverage from 60% to 89%, (3) to reduce front and corner‑side setbacks for a ground‑level patio to 0 feet, and (4) to widen the driveway from 20 to 22.6 feet. Staff recommended denial where findings could not be met; the Zoning Board of Adjustment had denied the variances prior to the appeal.
Owner Catherine Hill and her mother‑in‑law Deborah Parham testified that several changes to the property — including a taller fence and a level porch — were made to protect and assist a vulnerable household member who has a brain injury, uses a walker and scooter and is a fall risk. Council members discussed administrative alternatives and site‑specific accommodations. Councilmember Ellison proposed a split outcome: deny the increased fence height (item 1) and the driveway width (item 4), while granting impervious coverage up to 75% (item 2) and granting the reduced setback for the ground‑level patio (item 3), directing staff to work with the owner to finalize remaining details and craft findings.
City zoning enforcement staff clarified that denial of the patio variance would require removal of any patio area beyond 50 square feet located in the required yard, which would reduce impervious coverage; granting the patio variance would create different options for reassigning impervious area. The committee adopted Ellison’s amended motion, directed staff to prepare findings reflecting the decision, and the chair declared the motion carried.
Council members emphasized working with the owner and staff to preserve the safety features the household requires while ensuring consistency with zoning standards.
