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Board allows reconstruction of garage with smaller south setback at 4830 Guilford Avenue
Summary
A unanimous board granted a variance to allow a reconstructed two‑car detached garage at 4830 Guilford Avenue with a three‑foot south side setback; petitioners cited narrow lot and parking need, staff recommended denial citing loss of legal nonconforming status if garage is demolished and rebuilt.
The Metropolitan Board of Zoning Appeals Division 1 unanimously approved a variance permitting construction of a detached two‑car garage at 4830 Guilford Avenue that results in a three‑foot south side setback where a five‑foot setback is required.
Architect Mark Demerle, representing homeowners Jeffrey and Ellen Buttes, said the existing garage sits approximately two feet off the south property line and that the owners need additional off‑street parking for two vehicles plus a work vehicle used for the owner’s business. Demerle described the lot as a narrow 40‑foot parcel, close to minimum allowed lot widths in the zoning category, and said rebuilding rather than adding on was necessary given the condition of the existing foundation.
Planning staff recommended denial. Staff said the existing garage is a legally nonconforming structure with a two‑foot setback; demolishing and replacing the garage would forfeit that nonconforming status and require compliance with the five‑foot setback. Staff said the record did not convincingly show why the new garage could not be shifted slightly north on the lot to meet the five‑foot standard and noted the site is within the TOD secondary overlay, which prefers rear‑yard parking and garages where feasible.
Demerle and the petitioners said they had neighbor support, including a unanimous Meridian‑Kessler Neighborhood Association Land Use vote in favor, and submitted seven letters of support. After hearing, the board voted yes on the variance. The roll call recorded Beth Brandon, Andrew Catona, Peter Nelson, David Duncan and Patrice Duckett Brown voting yes.
The board’s action permits a reconstructed garage with the approved setback; staff noted the petitioner must still meet any applicable zoning permit and paving requirements for surface parking in the rear yard.
