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Board approves ADU and floor-area variance at 1545 Acapulco Drive; deed restriction required
Summary
Panel C approved a 364.5-square-foot floor-area variance and a special exception to allow an additional dwelling unit (ADU) not for rent at 1545 Acapulco Drive, citing hardship and neighborhood outreach by the applicant.
The Board of Adjustment Panel C on Sept. 15 granted two items for a property at 1545 Acapulco Drive: a variance to allow an additional 364.5 square feet of floor area for an accessory structure and a special exception to allow an accessory dwelling unit (ADU) on the lot, with a condition that the ADU be deed-restricted against rental. Both measures passed 5-0.
Applicant Leon Waddell described the proposed 900-square-foot accessory dwelling as housing for his parents and grandmother to provide independent quarters within the family. "It'll allow my parents to build as if they're independent still," Waddell said. He presented photos of the lot, valuation information and a neighborhood petition with signatures of nearby neighbors supporting the request.
The applicant's builder, Ryan Houston, testified about construction alternatives and costs, saying, "250 to $275 would be a stand alone ADU... If we had to go to attach onto a house, we're we're talking 300 to $310 a square foot." Houston said building an attached addition to a 1960s house typically involves more unknowns and higher costs because of required demolition, tie-ins and possible code upgrades.
Board members noted the applicant's outreach and supporting signatures, as well as the cost analysis provided by the contractor, in finding unnecessary hardship and that the special exception would not adversely affect neighboring properties. Andy Finney moved to grant the floor-area variance (364.5 sq ft); Jared Slade seconded. That motion passed 5-0. Finney later moved to grant the special exception to allow an ADU not for rent and to require a deed restriction preventing rental; Slade seconded and the motion passed 5-0.
Why it matters: The decisions authorize an enlarged accessory structure and an on-site ADU that the owner says will serve family members rather than tenants. The deed restriction is an enforceable condition intended to ensure the ADU is not used as a rental unit.
Supporting details and conditions: The board required compliance with the most recent submitted plans for both approvals and required a deed restriction preventing use of the ADU as rental accommodations. During the hearing neighbors in support signed a petition and the applicant provided construction-cost estimates and assessed property values to explain the financial and practical reasons for a separate ADU rather than an attached addition.
Votes at a glance: Motion to grant 364.5 sq ft variance (BOA25-00034) — mover: Andy Finney; second: Jared Slade; outcome: approved 5-0. Motion to allow ADU not for rent as special exception (BOA25-00034) with deed restriction — mover: Andy Finney; second: Jared Slade; outcome: approved 5-0.
The board’s letters detailing the approvals and the deed restriction requirement will be mailed to the applicant and entered into the public record.
