Board of Adjustment approves after‑the‑fact setback variance to legalize side‑yard air conditioners on Lagores Drive

The Board of Adjustment on July 30 approved an after‑the‑fact variance to legalize air‑conditioning equipment placed in the interior side yard of a single‑family house on Lagores Drive.

The homeowner, Arnold Tayev, told the board he tried to obtain permits to replace central air in 2020 and later discovered the mechanical equipment conflicted with the 5‑foot interior side setback. "Yes. I'm Arnold Tayev. I'm the owner of the house," Tayev said, and later told the board, "I tried to apply for a permit to put a new system back, in 2020." Planning staff recommended approval. "Staff recommends that the variance be approved, subject to the conditions in the attached draft order," staff said during the presentation.

Board members were told the home was built in 1931 and contains multiple legally nonconforming elements, including narrow side setbacks. The applicant requested a reduction of 1 foot 6 inches — from the required 5 feet to 3 feet 6 inches — to legalize existing condenser units. Tayev said the predecessor owner had equipment in that location and that a contractor failed to properly close an earlier permit; he received a code violation years later when the permit record had lapsed.

During questioning, members asked whether the variance would remain with the property. Planning staff said the order would be recorded on the property so future owners could replace equipment in the same location without a new variance. There was no public comment on the item.

Motion and vote: Board member Mister Davis moved to approve the variance; Mister Krennick seconded. The board voted in favor; the item was approved.

The variance allows the current condenser units to remain at 3 feet 6 inches from the interior side property line and will be recorded with the property to inform future permitting.