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Planning commission denies parking variance after unpermitted garage conversion at 209 Chantilly Street
Summary
Victoria City Planning Commission voted to deny a request to eliminate minimum off-street parking after staff reported an owner converted an open carport to an enclosed garage without permits; neighbors gave mixed testimony about property damage and encroachment.
The Victoria City Planning Commission on Dec. 19 denied a variance request to eliminate the minimum off-street parking requirement for a townhouse at 209 Chantilly Street after staff said the owner enclosed a carport without permits, leaving the property out of compliance.
City planning staff told commissioners the townhouse was built with two off-street parking spaces under an open carport that met minimum requirements. The owner enclosed the carport to make a garage without first obtaining permits, and the resulting enclosed garage does not meet the city’s off-street parking standards, staff said.
The denial recommendation noted the enclosed garage “does not meet the standards for off street parking” and that separate variances for fire separation distance and emergency escape openings had already been denied by the board of adjustment and appeals earlier in the week.
Owner Debbie Reed, who identified herself as the owner of 209 Chantilly, said three other enclosed carports exist on the same property and that the development has functioned with similar structures for about 45 years. “I would really like a garage for safety, security, and privacy,” Reed told the commission.
Neighbor Debbie Sperling Garner said she has experienced property damage she attributes to construction by the new owner, including cracks in a dining room wall and concrete poured up to her garage line. “I don't have a problem with it. I have a problem with her encroaching on my property,” Sperling Garner said. She said she has lived at 211 Chantilly since 2011 and described repeated incidents she says caused stress and damage.
Planning staff responded that records were incomplete: no survey of the unpermitted enclosure is available, so whether the enclosed garage encroaches on adjacent property could not be confirmed from staff materials. Staff said some previously enclosed carports on the site appear to date to the early 1980s, with another constructed in 2010, and that the city will seek direction from city council on how to proceed with structures that appear to have been illegally constructed in the past.
A commissioner moved to deny the variance and another commissioner seconded the motion. The motion passed on a voice vote.
The commission did not record a roll-call vote in the meeting transcript; staff indicated enforcement of illegally constructed structures has been pursued since 2017 under the director’s direction.
Commissioners closed the public hearing after taking the motion.
Members of the public and the applicant were told the applicant may seek further review at city council if she disagrees with the commission’s recommendation.
