Variance approved to reduce side-yard setback for duplex at 1580 Josephine Street

A zoning panel approved a variance allowing construction of a duplex at 1580 Josephine Street with a reduced side-yard setback from 10 feet to 6 feet 2 inches.

The petitioner, Rob Rollins, told the hearing he was seeking the setback reduction to fit a 37-foot, 8-inch-wide duplex on a 50-foot lot. “So basically, we're just asking for a side yard setback from 10 foot to 6 foot 2 inches,” Rollins said as he displayed photos and a survey to the board.

The board’s staff explained the panel must make three findings of fact to grant a variance: that approval would not harm public health, safety, morals or general welfare; that adjacent property values would not be substantially affected; and that strict application of the ordinance would create practical difficulties. Staff said the petitioner had proposed findings addressing all three requirements, including that the duplex would improve the appearance of the lot with a brick façade and landscaping.

A neighbor, Ed Littell, testified he lives across the street and said his primary safety concern had been driveway access onto the corner at Victor Drive. Littell said the petitioner had assured him driveways would enter from Josephine Street instead. “My main objection has always been trying to run driveways out on that corner of Victor Drive. It's just not safe,” Littell said, adding that the petitioner told him the driveways would come in off Josephine Street.

With three members present, the panel voted unanimously to approve the petitioner’s proposed findings of fact and grant the variance. The board recorded there were no additional stipulations beyond the findings presented by the petitioner.

The decision allows the applicant to proceed with building-permit applications under the reduced setbacks; the board noted standard building-department reviews and inspections would still apply.