Board of Adjustment sustains appeal, reverses Historic Preservation Commission on two‑story garage in Heritage Hills

The Board of Adjustment voted to sustain an appeal by Box Law Group on behalf of an applicant seeking to replace an existing historic garage with a two‑story garage at 442 NW Twentieth Street in the Heritage Hills Historic Preservation District. The board’s action reversed the earlier decision by the Historic Preservation Commission.

Why it matters: The case raised a central question about how the city’s historic‑district standards should be applied when an applicant proposes a replacement garage that differs in height or form from a historic structure. Opponents argued the replacement must “approximate the original configuration” under the standards; the appellant and the architect said design, visibility and precedent in the district support the two‑story replacement.

What the board decided

The board heard a de novo appeal of the Historic Preservation Commission’s partially adverse ruling. The HP Commission had approved demolition of the existing garage but denied the proposed two‑story replacement, concluding the replacement did not meet the historic‑district guidelines. On appeal, the Board of Adjustment reviewed the staff report, evidence and public testimony and voted to sustain the appeal; the chair announced “3 votes to sustain the appeal.” The motion reversed the HP Commission’s denial of the replacement garage (case 16005).

Arguments for approval

David Box, attorney for the appellant, told the board that staff’s record and prior local approvals supported a two‑story design in similar circumstances and that the proposed garage would measure about 23 feet in height — only a few feet taller than the one‑story threshold used in the municipal code. Architect Jeff Blake said the design preserves the main house’s materials and roof pitch, keeps the second‑floor footprint minimal, and sought to limit visibility from the right of way.

Arguments against approval

Representatives of Historical Preservation Inc., residents and architects urged the board to uphold the HP Commission. Jane Jenkins, a Heritage Hills resident and former director of a regional office of the National Trust for Historic Preservation, said guidelines “preserve a district’s unique character and visual integrity.” Chris Stevens, who lives near the property, told the board a two‑story garage would “significantly impair the sight line” and argued Sanborn maps and staff findings show the existing garage is a historic one‑story structure that should be replaced with a one‑story garage.

Staff and legal framework

City planning staff and Historical Preservation Inc. referenced the city’s standards and guidelines, including section 4.4.5 ("construction of a replacement garage shall approximate the original configuration"). Staff noted the commission has discretion to identify unique circumstances under which work that does not strictly comply with a guideline could nevertheless be appropriate, but that the commission chose to deny the two‑story replacement in this instance.

Outcome and next steps

The Board of Adjustment’s vote sustains the appeal and reverses the HP Commission’s denial, allowing the applicant to proceed with the proposed design unless the decision is appealed further through available legal channels. The record shows the HP Commission had approved demolition of the existing garage; the remaining matter decided by the Board of Adjustment was whether the replacement could be two stories.