Williams Creek homeowners granted variance to expand garage; city staff had recommended denial

The Metropolitan Board of Zoning Appeals Division 1 on Aug. 19 granted a variance to Brian Mayer and Lauren Riley to expand an attached garage at 7986 North College Avenue in the Williams Creek neighborhood.

The petition approved by the board allows a garage addition that requires a 2-foot south side-yard setback where 15 feet is required, and acknowledges an existing encroachment of roughly six inches into a four-foot utility easement. The addition will reduce required open space to 81 percent, where 85 percent is required by the district standards.

The petitioners’ attorney, Misha Rabinowitch, told the board the house — built in the 1930s and known locally as the Hydrangea House — is functionally a one-bedroom and the owners need more living space for their family. Rabinowitch said the proposed addition is sited to preserve the historically recognized garden on the north side of the property and that adjacent neighbors and the Williams Creek Town Council and Nora Community Council had submitted letters of support. “We’re not aware of any opposition,” Rabinowitch said during the hearing.

Staff from the Division of Planning recommended denial. Staff said the property is legally nonconforming, the proposed addition would increase that nonconformity substantially (from a 2-foot to an effectively more intrusive condition by the plan), and would further encroach into a platted easement that staff said should normally be addressed through a vacation petition heard by the plat committee. Staff also flagged potential building-code and fire-rating issues for construction two feet from a property line and noted that approval of a variance would not guarantee required encroachment licenses or other permits.

Rabinowitch and the petitioners told the board the easement in question contained no active utilities along the affected length, that AES (the utility with recorded access) had provided written consent to the encroachment, and that the encroachment is minimal. Rabinowitch said the owners obtained written consent from immediate neighbors and that the addition would be set back more than 125 feet from College Avenue.

After hearing arguments and questions from the board, members voted to grant the variance. The roll call was recorded as: Jennifer Witt — yes; David Duncan — yes; Peter Nelson — yes; Andrew Catona — yes; Patrice Duckett Brown — yes.

The board’s approval includes the practical outcomes discussed at the hearing: the petitioner must still obtain required permits from Business and Neighborhood Services, and any encroachment license or vacation necessary to protect utilities remains a separate administrative process. The board’s action documents the variance; compliance with any conditions or commitments will be required before building permits are issued.