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Board defers accessory‑building setback request; asks for HOA and neighbor written approvals

2521513 · March 6, 2025
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Summary

The Board of Adjustment deferred Victor Ortega’s request for an accessory building location variance for property owner Jim Calhoun (case 15853) to April 3 and asked the applicant to submit HOA approval and written neighbor consent.

The Board of Adjustment voted to defer until its April 3 meeting a request to locate an accessory building inside the side‑yard setback at 9401 Northeast 140 First Street (case 15853). The applicant, Victor Ortega, sought permission to place a detached accessory building nearer the west property line than the RA district’s 25‑foot side yard requirement.

Ortega said the chosen location provides straightforward vehicle access and aligns with the driveway and proposed future backyard uses, including the possibility of a future swimming pool. He told the board the homeowner has fenced the property perimeter and that nearby neighbors had verbally agreed to the proposed placement.

Board members pressed for written documentation. One member asked whether the HOA had reviewed location as well as design; Ortega said the HOA completed a checklist approving materials and height but did not address setback distance. Planning staff asked the applicant to provide two items before the board’s packet deadline: written HOA approval that references both design and the proposed location, and written consent from the neighbor to the west. Ortega agreed and said he could return on April 3 if those documents are submitted and reviewed.

The board’s deferral gives staff time to review the additional submissions before the next hearing.