BZA denies request for attached shed that would encroach on side-yard setback at 28 Robinson St. SW

The Board of Zoning and Adjustments denied an application by Robert Rain for a 3.78-foot encroachment into the side-yard setback at 28 Robinson Street Southwest to allow construction of an attached shed 4.22 feet from the side property line.

Rain told the board the shed was intended to store boxes and lawn-care equipment; he said his house is nearing completion and he needs storage. The application sought relief from the 8-foot minimum side-yard setback so the structure would sit 4.22 feet from the property line, encroaching 3.78 feet.

Board members and staff discussed alternatives. Staff clarified that a fence could be extended within property lines and that a pool barrier will be required as part of the certificate-of-occupancy process; the barrier rules and fence construction standards must be met. The board emphasized that a fence may be permitted on the property, but that the requested covered/roofed structure was not permitted in the proposed location.

A motion to approve the shed as submitted was made and seconded, but the roll call recorded Delaine Dean, Mark Moody, Chester Ayers, Tom Pohl and Erica Hooper voting no; the motion failed. The board told the applicant he must remove any existing unpermitted shed started on the site and directed him to meet with building-department staff to clarify barrier/fence requirements prior to relocating any fence or adding structures. The transcript records that the board will work with the applicant and building staff to ensure compliance before issuing a CO.