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Board reinstates previously granted garage setback relief at 2920 West Bay Court

2114081 · January 15, 2025
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Summary

The board granted a new variance allowing a west-side setback reduction to match an existing garage addition and reinstate relief that had expired during the COVID period for the property at 2920 West Bay Court.

The Variance Review Board granted a variance to reduce the west-side setback from 7 feet to 2 feet for a garage addition at 2920 West Bay Court, effectively re-authorizing relief previously approved in 2020 but later allowed to expire.

Applicant representative Steve Miccolini explained the property’s narrow 50-foot width and corner-lot constraints, as well as COVID-related delays that prevented closing out the earlier permit and variance. Owner Dr. Babin (first name in the packet recorded as Babin Patadar/Patel) submitted a letter explaining that COVID-era work and essential-work obligations delayed construction and that the family requested reinstatement of the prior relief. Miccolini said the current proposal would add a second-floor addition consistent with the existing garage placement and would not create new adverse effects for neighbors.

Staff and reviewers noted the property is nonconforming in lot size and the proposed second-floor addition would align with existing encroachments; Natural Resources, transportation and other reviewers found the request consistent with conditions. Legal staff clarified the board cannot “reinstate” an expired variance but may grant a new variance if the criteria are met; board discussion focused on granting a new variance that aligns with the previously approved location.

The board moved to continue one noticed element of the request (the south/rear setback) to allow the applicant to amend and renotice; the applicant requested a continuance for the March 11, 2025 hearing to address noticing and any additional setback language. The board then approved the west-side setback relief (as part of the continued/renoticed process) in a later motion or elected to continue details to the March hearing depending on staff processing; the public record shows the board ultimately continued portions and set the matter for March 11, 2025 to resolve the remaining noticing for additional setbacks.