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Board of Zoning Adjustments approves variances to legalize ADU at 825 Inca Parkway
Summary
The Board of Zoning Adjustments voted to grant two variances for 825 Inca Parkway allowing an existing detached accessory building to be legalized as an accessory dwelling unit (ADU). Staff said the structure appears to be an existing, long-standing condition; the applicant will proceed with a building permit review.
The Board of Zoning Adjustments voted unanimously to approve variances that will allow the owners of 825 Inca Parkway to legalize an accessory dwelling unit in an existing detached building.
City staff presented the request as docket BOZ2025-00002 and said the property’s detached garage/ADU sits roughly 2 feet from the primary house where the code requires 6 feet, and about 25.5 feet from the east/front landscape setback where 55 feet is required. Robbie Wyler, staff liaison to the board, told members the current owners bought the property in May 2024 and are seeking retroactive approvals so the ADU can be legalized through the building permit process.
Robbie Wyler said staff’s review considered the age and placement of the structures and concluded the property’s irregular configuration and long-standing built condition support the requested relief. “Staff is recommending support and approval of the two variance requests as they have been presented within the application,” Wyler said.
The applicant, Mitchell (John) Steiner, told the board he agreed with staff’s presentation and had no further materials to add. “I second what Robbie had to say and agree with what he said,” Steiner said.
Board members asked clarifying questions about how an attached versus detached garage would be treated under code; Wyler explained that if the breezeway were enclosed and the accessory building became attached to the principal structure, different setback rules would apply and, in this case, the property would comply with principal-structure setbacks.
After discussion the board moved to approve BOZ2025-00002. The motion was made by Drew Eisenberg and seconded by Ben Doyle. Recorded votes were: Sean Haney — yes; Ben Doyle — yes; Drew Eisenberg — yes; Katie (last name not in record) — yes (chat confirmation); Nikki McCord, chair — yes. The motion passed 5-0. Wyler said the building permit application remains under review and the enforcement case opened last summer will be addressed once the permitting path is resolved.
The decision establishes the variances for building separation and the east/front landscape setback so the owner may pursue the building permit to legalize the ADU. The board’s approval applies only to the zoning variances; the structure must still pass building- and fire-code review under the ongoing permit.
