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Board approves variance for front‑yard setback at 600 Southeast 20th despite right‑of‑way encroachment

3334452 · May 15, 2025
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Summary

The board granted a variance for a newly constructed house that extends into the city right‑of‑way set‑back, after staff noted the street has an unusually large (80‑foot) right‑of‑way and utilities will not be affected.

The Board of Adjustment approved a variance for a front‑yard setback at 600 Southeast 20 Seventh Street after hearing that the lot fronts an 80‑foot right‑of‑way and that the newly built house sits forward of the normal 25‑foot setback measurement.

Judith Uriarte of Uriarte Construction told the board the builder had not realized the case would be heard; she explained the structure was built over the required building line. Planning staff explained that Southeast 20 Seventh Street has an 80‑foot right‑of‑way, so the typical 25‑foot building setback measured from the property line would have required the house to sit 65 feet from the street center line; the existing structure sits roughly 55 feet from the center line, leaving an encroachment of about 10 feet from the expected setback.

Staff said utilities and other public infrastructure were not affected by the encroachment and that adjacent homes on the west side of the street are aligned similarly. The board discussed the possibility of an easement or future street improvements but determined those possibilities did not create an immediate reason to deny relief.

Board members said the variance was appropriate because the house is already built, matches adjacent built properties, and does not interfere with utilities. The board voted to approve the variance; the motion passed.

The board indicated it will consider longer‑term steps to reduce future surprises of this type — including more careful checks during permitting and possible easement‑closure procedures — but did not adopt any new policy at the hearing.