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BZA denies variance for additions built without permits at 210 Bart Drive
Summary
The Board denied an after-the-fact variance for structures at 210 Bart Drive after finding the additions violated setback rules. The owner had removed a noncompliant pool and sought permits for other work; the board voted 5–0 to deny the requested variance for the disputed structure.
The Board of Zoning Appeals denied case 2025-004 (Yasmani Hernandez, 210 Bart Drive) by a 5–0 vote after concluding a recently constructed addition violated setback rules and no approval existed for that portion of the work.
Staff showed aerial photos and site plans indicating the addition and an accessory structure that encroached into required setbacks. The owner appeared and said he had not realized a building permit was required for those additions and that, after the codes office raised the issue, he removed a noncompliant pool and pursued permits for other work. A translator assisted the owner during his remarks.
Board members noted the owner’s compliance after staff intervention but also emphasized the limits of local authority and the need to follow permitting procedures. The board voted 5–0 to deny the variance request for the structure at issue; members advised the owner to work with the codes department on alternatives that would meet the code.
The board closed the public hearing when no opposition appeared and asked staff to outline next steps and permit procedures for the applicant.
