BZA approves setback and open-space variances for 2117 N. Cole St. with conditions

The Speedway Board of Zoning Appeals on March 5 approved two variances for 2117 North Cole Street that reduce a required side-yard setback and allow slightly less open space than the zoning ordinance normally requires. The board voted 5-0 to approve the variances with two conditions: the home’s electrical service must be brought into compliance and the north-side roof overhang may not extend more than six inches from the north posts.

The petition (2025DVS001) asked the board to legalize a partly completed covered porch and pergola replacement that was built without a permit on the existing concrete pad. The petitioner’s representative said the new structure was about 70 percent complete and matched the dimensions of the previous pergola. Board staff had recommended denial as submitted.

The staff report from Mitch Rechter of Etika Group said the submission requests a reduction from the minimum side-yard setback and a reduction in required open, or unenclosed, space. Rechter told the board the compact district setback minimum at the site is four feet and that the structure’s posts sit about 2.5 feet from the property line; with the roof overhang and gutters it was “probably closer to about a half foot or a foot” from the fence line. He said open space in the applicable zone is set at 65 percent and that the project would yield about 62 percent. “I do recommend a denial to these variances as they were submitted,” Rechter said.

Town building commissioner John Merritt told the board the rebuilt roof now sits over the home’s service drop, which creates a code compliance issue. “You can never have an electrical wire going over a roof,” Merritt said, adding that the service would need to be moved or otherwise brought into compliance before the structure could be left in place.

The petitioner’s representative, David Derbyshire, said the homeowners had canvassed neighbors and that the owners are prepared to work with an electrician and the utility. “The homeowners are more than willing to do whatever can be done,” Derbyshire told the board. He also said the overhang could be reduced if necessary to relieve the encroachment.

Board members discussed the risk of water from clogged gutters discharging directly into the adjacent yard because the roof sits higher than the fence and is close to the property line. Staff and the petitioner noted a storm drain and rear easement near the northeast corner of the lot, and board members said properly routed downspouts could reduce the risk of runoff onto the neighbor’s property.

After debate about conditions, a member moved to approve the variance with two conditions: that the electrical service be brought into compliance and that the north-side overhang be limited to a maximum of six inches from the north posts. The motion was seconded and passed 5-0.

Votes at a glance

- Election of officers: Slate of Tim Ramian as president, Curtis Miller as vice president, and Steve Jones as secretary — approved 5-0. (Formal vote early in meeting.) - Approval of minutes from the Nov. 6, 2024 meeting — approved 5-0. - Petition 2025DVS001 (2117 North Cole Street) — variance approved 5-0 with the two conditions above.

The board adjourned at approximately 7:30 p.m.