Planning board denies variance request to legalize unpermitted addition at 7000 West 3rd Avenue

The Planning and Zoning Board on Feb. 26 recommended denial of a variance to legalize a one-story, 257-square-foot addition at 7000 West 3rd Avenue that would reduce the required rear setback from 25 feet to 8.75 feet.

Staff reported the addition is an independent living unit with a complete bathroom, a rear exit door and its own access at the rear fence; the unit was built without permits and has an active code-enforcement case. Staff recommended denial because the addition behaves as a separate dwelling and the requested setback is larger than adjustments previously granted in the neighborhood. Neighbors and an HOA representative spoke at the meeting, urging denial and noting the addition is inconsistent with community covenants and the subdivision’s townhouse models.

Board members discussed options for remediation. Staff told the board that if an approval were considered, conditions would include reducing the addition to achieve an 11-foot rear setback, removing the full bathroom, eliminating the rear door or converting it to an egress window and ensuring the structure is no more than one story. Staff and the board advised the property owner that a remediation path exists: demolish the unpermitted structure (or obtain a demolition permit), then file a new, compliant application (for an aluminum-covered terrace or similar) and secure required building permits. The board voted to deny the current legalization request; the applicant may pursue a new application addressing the board’s directions.