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Board approves variance to place detached garage closer to rear lot line at 9398 East Vista Drive
Summary
Jefferson County Board of Zoning Adjustment approved BOA25001, allowing a detached garage to encroach 8 feet into the 30-foot rear-yard setback at 9398 East Vista Drive in the R-7 zone after hearing staff analysis, site photos and testimony from the property owner.
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The Jefferson County Board of Zoning Adjustment on an affirmative vote approved BOA25001, a variance allowing a detached garage at 9398 East Vista Drive in Hillsborough to sit 22 feet from the rear property line instead of the 30 feet required in the R-7 single-family residential zone.
Staff planner Rachel (last name not specified) told the board the subject property is about 0.49 acres, located in the Raintree Subdivision, contains steep topography and shows no flood concerns. The staff report—entered into the record as Exhibit B—stated the proposed garage would encroach along a corner of the rear building setback and recommended denial of the variance, saying denial would not deprive the owner of residential use and that the grant would not likely cause detriment to public health, safety or welfare.
Homeowner and petitioner Scott Seebaugh, who gave testimony from 9398 East Vista Drive and submitted two letters for the record, described the lot’s steep front topography and said the proposed detached garage sits where there is relatively flat ground at the rear of the property. Seebaugh said the garage location allows attachment required by his homeowners association, provides storage and space to park a boat, and avoids reconfiguring the driveway in a way that would make access difficult. He also said a boundary-line adjustment had been used to acquire the adjoining back lot for this purpose and noted the existing house lacks a garage.
Board members asked questions about the scope of the encroachment and whether it was limited to one corner. The petitioner said the encroachment was minor and primarily at a corner and explained constraints from the lot’s topography and existing utilities in the area. The staff analysis shown to the board included site photos, a topography map with 10-foot contours, and the submitted site plan showing the proposed garage and the 8-foot requested reduction.
A motion to approve BOA25001 was made and seconded by unnamed board members on the record; board members voted "aye" and the motion carried. The transcript records the vote as unanimous with the board announcing "Aye. Motion carries. It's been approved." No conditions or amendments to the approval were stated on the record.
The board had previously accepted two exhibits into the record (Exhibit A: Jefferson County Code of Ordinances, Chapter 400 — the Unified Development Order — and Exhibit B: the staff report and case file). The petitioner was sworn before giving testimony.
