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Variance allowed for existing two-story masonry structure to remain at 705 W. Plaza Place
Summary
The board approved a variance to recognize a preexisting two-story masonry structure that encroaches to about 2 feet from the side property line at 705 West Plaza Place; the owners said they were unaware of the nonconforming condition when they purchased the lot.
The Variance Review Board voted July 8 to grant a variance to allow a preexisting two-story masonry building to remain at approximately 2 feet from the side property line at 705 West Plaza Place, reducing the normal 7-foot side setback to 2 feet for that structure.
Owners Amanda Rotella and Brett Robertson told the board they purchased the property in 2015 and were surprised to learn the structure did not meet current setbacks during the permitting process for a new home. "We were completely shocked by it," Rotella said, describing the unexpected discovery when they sought permits and the financial strain of temporary housing during reconstruction. Their agent, Fran Reed of Domaine Holmes, said the owners inherited the condition and did not create it.
Staff clarified that the structure originally functioned as an accessory garage; after it exceeded 15 feet in height it was subject to principal-structure setbacks. The board discussed the frequency of similar encroachments in older neighborhoods and the potential for accessory-dwelling uses to be regulated separately; staff noted that any conversion to an accessory dwelling unit would require a separate zoning process.
Board members indicated concern about future rental or accessory-dwelling conversions but accepted that the immediate issue was a preexisting, nonconforming structure that the owners inherited. The board voted to grant the variance (5-0) to allow the existing two-story masonry building to remain as shown on the site plan, subject to any applicable permitting and building-code requirements.
