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Landmark Commission reverses staff on front-setback for 2218 Avenue O, approves 1 ft. 7 in. setback

3863946 · June 16, 2025
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Summary

The Landmark Commission voted to reverse staff's determination and allow a proposed 1-foot, 7-inch front setback for a new single-family residence at 2218 Avenue O, finding the San Jacinto Neighborhood Conservation District setback standard ill-fitting for the commercially zoned, unusually small lot.

The Landmark Commission voted to reverse staff’s determination and allow a proposed 1-foot, 7-inch front setback for a new single-family house at 2218 Avenue O after a public hearing and discussion about the San Jacinto Neighborhood Conservation District standards.

Staff presented the case as an appeal of a staff determination under case 25LC027. Staff said the San Jacinto NCD standards—adopted in 2010 and applied to new construction in the overlay—yield an allowable front-setback range on the block face of about 20.2 feet to 24.75 feet. Staff told the commission the applicant’s proposed front setback is 1 foot, 7 inches and that, based on the NCD analysis, the proposal does not conform to the overlay’s standards.

Applicant representative Brax Easterwood, speaking for the property owner, said the lot is commercially zoned and substantially smaller than neighboring parcels and argued the NCD’s setback calculations were not workable for this lot. Easterwood said the NCD guidelines effectively exclude the extremes when calculating an average and described the case as “kind of a weird case” because the property is commercial but proposed for residential use.

Commissioners questioned staff on the NCD methodology used to arrive at the block-face average. Staff explained the typical approach is to sample buildings built before about 1985, remove the two extremes from the sample, and average the remaining setbacks. Commissioners also asked whether the parcel’s commercial zoning changed how the overlay applied; staff replied the NCD standards govern new residential construction in the overlay regardless of base commercial zoning.

No other members of the public spoke on the item during the public hearing. The record shows staff sent public notices for the case; staff noted the notices associated with the appeal in the staff report.

Following discussion, a commissioner moved to reverse staff’s determination and to accept the applicant’s proposed front setback; the motion was amended on the floor to specify the measurement of 1 foot, 7 inches. The commission voted to reverse the staff determination and approve the setback as measured. No opposing votes were recorded on the motion.

The reversal changes the Landmark Commission’s application of the San Jacinto NCD standards for this parcel only; staff may record the commission’s action in the permit record for the property. Planning or building permits and any required inspections remain subject to all other applicable codes and permit processes.