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BZA grants variance allowing existing carport to remain at 1435 North Hamilton
Summary
The board granted a variance for a carport previously built without permits at 1435 North Hamilton Avenue, after the petitioner and board discussed options to move support posts to meet side-setback measurements.
The Metropolitan Board of Zoning Appeals Division 2 granted a variance allowing an existing carport at 1435 North Hamilton Avenue to remain in place despite side-yard setback violations (case 2025DV2-025). All three board members present voted to grant the variance.
Petitioner representative Josh Smith explained the carport was constructed without permits and that stop-work orders were issued; the petitioner later sought to regularize the structure. Smith said removing and relocating supporting posts to meet a required additional setback would be costly, and the homeowner is an immigrant family who built the structure with limited permitting knowledge.
Staff recommended denial, citing that the carport is wide for a 40-foot lot and that nonpermitted construction should not be rewarded. Staff also warned that reducing the side setbacks could increase runoff onto neighboring properties unless gutters and other drainage measures are installed. Staff raised that practical difficulty had not been demonstrated beyond financial hardship and that the issue was self-imposed by building without permits.
Board conversation explored whether the setback measurement is taken from foundation/footing or from eaves and whether shifting the support posts inboard could resolve the violation. Staff and board members discussed pursuing a practical solution that would allow compliance without full removal. The petitioner said he would consider moving support posts if staff confirmed that would bring the carport into compliance.
After discussion, the board voted yes. On the record the secretary announced: Aaron McBride votes yes; Craig Von Dalen votes yes; Tom Barnes votes yes. "The variance is granted," the board secretary said.
What happens next: The petitioner may complete required finishing work (gutters, coverings) and follow up with staff for final verification and any required affidavits of compliance.
