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BZA approves setback variance for National Quality Homes after chair cites contractor error
Summary
The Board approved a variance for National Quality Homes at 1818 Ashton Avenue by a 4–1 vote after the chair explained staff concluded the house was built very close to the neighbor and the contractor relied on subcontractor work before verifying setbacks.
The Board of Zoning Appeals approved variance case 2025007 for National Quality Homes (1818 Ashton Avenue) by a 4–1 vote, with one member recorded as not participating and one member absent.
The variance was for a side-setback requirement. The board heard that the structure had been built very near the neighboring property line and that the contractor said a subcontractor poured footings before anyone verified setback compliance. The chairman said he reviewed the testimony and would vote to approve the variance, noting the alternative — ordering removal or large correction — could impose a severe financial penalty on the contractor and owner.
Board members cited a close factual call: several members said the contractor or its subcontractor should have verified setbacks, but weighed the hardship of tearing down recently completed work. The final recorded vote was 4–1 in favor of the variance. Mr. Ransom was not present and Mr. Cole was marked as not participating; the chairman, Mr. Bradford, Ms. Karpenik and Ms. Johnson voted in favor; Ms. Davis voted against.
The board instructed staff to prepare an appropriate order and send it to the appellants.
