Andover BZA grants variance for oversized accessory structure in low-density neighborhood

The Andover Board of Zoning Appeals on Jan. 21, 2025 approved a variance (case BZAV24-0008) that will allow an accessory structure to exceed the zoning maximums for floor area and total accessory coverage in an F-1 low-density residential planned unit development.

City zoning administrator David Westfall described the request as a variance of 760 square feet from the 500-square-foot maximum for the floor area of an accessory structure and a 260-square-foot variance from the 1,000-square-foot total maximum for all accessory structures under the applicable UDM/PUD standards. Westfall said the subject property is nearly two acres in size and is in a neighborhood where such accessory structures are common; staff recommended approval pending the hearing.

No applicant representative appeared at the hearing. Staff presented findings that the property's size and shape create practical difficulties that distinguish it from typical lots in the zoning district, and commissioners considered the standard variance criteria, including potential effects on light, air, traffic, fire risk and property values. Commissioners concurred with staff that no adverse effects were anticipated and that the variance would not be contrary to the spirit and intent of the zoning regulations.

Ivanse Garwood moved to authorize the chairperson to sign a resolution granting the variance for case number BZAV24-0008 as requested; the motion was seconded and approved by voice vote. The resolution will be prepared and provided to the applicant no later than 45 days from the hearing, and the chairperson reminded those present that an appeal may be filed in district court within 30 days after the resolution is signed and filed with the zoning administrator.

Staff noted that the structure appears to be largely enclosed, with a small open patio area, and that homeowners associations or other design-review processes (HOA approvals) may also apply independently of the city variance approval. The board's approval is a zoning variance only; any building permits, HOA approvals, or other required authorizations remain separate processes.