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Board approves 4.2-foot side-yard variance for new house at 4206 Devine Street
Summary
A board approved a variance allowing a new single-family house to remain 4.2 feet inside the side-yard setback after the applicant said a subcontractor incorrectly located the structure; the board approved the variance subject to staff conditions with no recorded opposition at the hearing.
A board approved a variance for a new single-family residence at 4206 Devine Street after the applicant told the board a subcontracting error placed the house inside the required side-yard setback.
Steve Applewhite of Keystone Custom Builders, the applicant, said he halted construction after surveyors found the framing had been shifted and the new house encroached into the setback by approximately 4.2 feet. He said he explored moving the property line and other remedies but was unable to resolve the encroachment without demolishing the partially built structure or pursuing litigation.
Applewhite told the board he purchased the lots earlier in the year, had the lots surveyed and began construction using mirrored plans for adjacent properties. "I halted construction. I explored all avenues of moving the property line...I attempted everything I could," he said. "So at this point...I'm asking for for a variance in the setback." When the chair asked how much the encroachment was, Applewhite answered the request was for a variance of roughly 4.2 feet.
No members of the public spoke in opposition at the hearing. A board member moved to approve the variance subject to staff comments; the motion passed with board assent. The chair closed the hearing and the board adjourned.
The variance allows the partially built house to remain as framed without demolition; the board approved the request with the caveat that standard staff conditions and any required permits or inspections apply. The transcript records no immediate appeal or enforcement conditions specified at the meeting beyond staff comments to be attached to the approval.
