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Board allows 57% rear‑yard coverage for accessory garage after contractor dispute

5439960 · July 22, 2025
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Summary

After hearing that an original contractor built an accessory structure out of conformance with approved plans and then left the project, the Board approved a variance allowing approximately 57% rear‑yard coverage so the homeowner can complete the building.

The Board of Adjustment voted 3–0 to grant a variance allowing up to 57% rear‑yard coverage for an accessory garage and storage building on a rural lot (APN 22007023E) after the homeowners said their original contractor submitted false plans and built beyond approved dimensions.

Staff reported the accessory structure was constructed without permits and that the owner’s original contractor submitted site plans that showed conforming placement; the contractor then built out of conformance and the plan approval later expired. Staff said the violation could have been avoided if the original contractor had obtained a zoning clearance before construction and identified no peculiar hardship on the lot.

Homeowner Blake Craig told the board he and his wife hired a licensed contractor, believed the work was being done per code and later learned the contractor had performed work that did not match the approved plans. Craig said construction was essentially complete when the contractor left and that the family has spent years saving for the project. "We were led to believe that everything was being done per code and in good faith," Craig said. He asked the board to approve the variance so the family could finish the building rather than face demolition and further financial loss.

Board members expressed sympathy for the homeowners and noted neighboring properties in the area have similar accessory coverage patterns. Member Clapp moved to approve the variance; Member Ward seconded. The board voted 3–0 to approve a rear‑yard coverage variance of 57%; staff retained the ability to require permit finaling and inspections consistent with the approved amended site plan.

The approval allows the homeowners to proceed with completing the accessory building and requires standard permit review steps to ensure the finished structure conforms to the revised plans.