Board of Zoning Appeals approves variance to place accessory building at 219 McCarty Drive

The Board of Zoning Appeals on July 14 approved a development-standards variance allowing an accessory structure to be located in the side yard even with the front building line of the primary structure at 219 McCarty Drive.

The petition was filed by Daniel Morkel, the property owner. Morkel told the board the requested placement is because “it kinda goes into my pool,” referring to the 15-foot setback he said he could not meet. Planning staff recommended approval, saying the proposed location moved the structure away from the road and should pose no issues. “We are favorable,” a planning staff member told the board during the hearing.

The board voted 5-0 to admit the evidence in the record and then voted 5-0 to approve the variance with no conditions. The motion to approve was made by Board member King and seconded by Board member Moll. Board members also voted 5-0 to direct the corporation counsel’s office to draft written findings of fact reflecting the decision.

The board clarified that final action on the written findings will occur at the next meeting but told the petitioner he could work with staff and begin work without waiting for final adoption. The hearing record for the petition included the petitioner’s application and attachments, staff report, certified copies of the unified development ordinance and comprehensive plan, maps and photographs, and testimony presented at the hearing.

No remonstrators spoke at the hearing. The board’s discussion was brief and centered on whether the proposed location would create any visual or traffic impacts; planning staff said it would not. The petitioner agreed the written responses in the staff report matched his application.

The board meeting also included routine actions on other dockets; this article covers only the variance for 219 McCarty Drive.