Clayton BZA approves accessory dwelling unit variance at Wasler Road with conditions

The Clayton Board of Zoning Appeals on July 1 approved a variance allowing an accessory dwelling unit (ADU) at 7338 Wausler Road, subject to conditions intended to limit size, ensure architectural compatibility and prevent separate sale of the unit.

Staff presented VAR25-05, an application from property owner Kyle Tipton to convert and partially add to an existing accessory structure and create an ADU. The application requests two variances: (1) to exceed the code’s allowable ADU square footage and (2) to permit exterior finish materials on the ADU that do not exactly match the primary dwelling. Miss Snyder, city planning staff, said the applicant’s calculation of ADU area is 1,726 square feet and that staff’s interpretation of the structure (because of interior access) would likewise result in an ADU that exceeds the code’s maximum allowable size under the cited code provisions. Staff nonetheless recommended approval with conditions.

In recommending approval, staff listed three conditions: that the ADU exterior finishes match those shown in the submitted plans; that interior access to other parts of the existing accessory structure be removed if the applicant seeks recognition of a reduced ADU square footage; and that the ADU not be sold or conveyed separately from the primary residence. Staff also noted the parcel is large (6.898 acres) and heavily screened by trees, and that the conversion would reuse and improve an existing structure.

At the public hearing, Kyle Tipton (property owner) and Grant Neely (contractor) described the conversion plan: the ADU conversion of an existing 40.5-by-120-foot accessory structure plus a proposed 471-square-foot addition, with interior renovation and a covered porch. Tipton told the board the intent is to create an in-law suite and that the primary residence would be updated in time to coordinate exterior materials.

Board members examined septic, well and egress issues; staff said building-department review would determine fire-rating and code compliance for separation walls and exits. After discussion, a motion to approve VAR25-05 carried on a roll-call vote with the conditions listed in staff’s recommendation; board members McGinnis, Caldwell, Madewell, Perrin and Greer voted yes.

The approval permits the proposed ADU subject to code-compliance reviews by building officials and the conditions recorded in the approval. The board noted the approval is site-specific and does not change the city’s zoning code or create a precedent beyond this parcel; any broader code changes would require a text amendment by planning commission and city council.