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BZA allows Humphrey family to keep existing house as accessory dwelling unit and build primary home
Summary
The BZA granted two variances enabling the Humphrey family to treat the existing 1,900-sq-ft home as a detached accessory dwelling unit and to proceed with a new primary home on a 4.79-acre parcel, waiving the 5-acre minimum and 1,000-sq-ft ADU cap. Vote was unanimous.
The Monroe County Board of Zoning Appeals unanimously approved two variances allowing the Humphrey family to designate the existing house on their 4.79-acre parcel as a detached accessory dwelling unit (DAU) and to build a new primary residence on the same property.
Under the county’s detached accessory-dwelling standards, a DAU in the agricultural zoning districts ordinarily requires a minimum lot size of 5 acres and limits the DAU to 1,000 square feet of livable space. The petitioners requested VAR-24-51A (relief from the 1,000-square-foot size cap) and VAR-24-51B (relief from the 5-acre minimum) so the existing roughly 1,900-square-foot home could be classified as the DAU while a larger new primary residence is built behind it.
Attorney Michael Carmen outlined the family’s plan: the existing home would serve as the accessory unit while the next generation builds nearby, enabling family caretaking and on-site management of an adjacent storage business. Carmen said the existing house cannot feasibly be reduced to 1,000 square feet without destructive, impractical demolition, and that acquiring adjacent acreage to reach 5 acres would be unlikely and would achieve only a formality rather than any substantive public benefit.
Planning staff recommended denial of both variances, noting the ordinance standards and the ordinary route of meeting lot-size minimums or limiting the accessory unit to 1,000 square feet. The board, however, found the practical-difficulty arguments persuasive in this case: members said the existing house is a lawful, long-standing structure, and the family’s plan to have the next generation nearby and manage a family business are reasonable uses of the lot.
The vote to approve both VAR-24-51 A and B was recorded unanimously: Margaret Clements, Guy Loughman, Jeff Morris and Pamela Davidson all voted yes.
Votes at a glance - VAR-24-51A (ADU size limit relief to allow ~1,900 sq ft existing house to be DAU): Approved 4–0. - VAR-24-51B (5-acre minimum relief for detached ADU): Approved 4–0.
Why it matters: The decision allows a family-centered housing solution — putting multiple generations on one title — and highlights BZA discretion on design standards when a strict application would require demolition or an impractical land purchase.
What’s next: The Humphreys will apply for required building permits for the new house and demonstrate compliance with remaining DAU standards (septic capacity, access, and other site-development requirements) as they proceed.
