Board finalizes after‑the‑fact setback variance for addition at 1328 Moore Street
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Summary
An after‑the‑fact variance for a 455‑square‑foot addition at 1328 Moore Street was approved July 17 after the contractor said the addition was built in line with the existing house and the original house predates current setbacks.
The Board of Zoning Adjustments on July 17 granted an after‑the‑fact variance that allows a 455‑square‑foot addition at 1328 Moore Street to remain despite encroaching on the interior side yard setback.
The application (BOA2025‑012) requested a reduction of the interior side yard setback from 10 feet to 7.3 feet to accommodate the addition. Donovan Davis, the contractor representing property owner Kylen Smith, said he joined the project midstream and that the addition was built in line with the existing house; the existing home, constructed in 1953, already sat within current setback limits.
Davis said the addition was permitted initially but that final inspection could not be completed when inspectors found the addition encroached into the setback. "The actual addition is actually lined up exactly with the existing house," Davis said. He told the board that roughly half the work was done before he was contracted on the project.
Board members discussed whether the encroachment appeared to be accidental and whether they would have approved a variance had the application been filed before construction. Several members said the addition was architecturally consistent and in line with the original house.
The board voted 5–0 to approve the variance. The recorded yes votes were John George, Charles Cameron, Leon McCray, Patrick Connors and Chairman David Betts. The approval also serves to finalize the expired building permit so the property can complete the permitting process.