Board grants variances to legalize unpermitted carport at 312 Bougainvillea Terrace, despite enforcement concerns

The Planning and Development Board on May 20 approved three variances for an existing carport at 312 Bougainvillea Terrace that was constructed without permits in June 2024. The approvals legalize the structure by reducing a front yard setback, increasing the allowable side‑by‑side width, and permitting aluminum material in place of canvas or similar lightweight material required under current carport rules.

Staff planner Umar Javed told the board the property is in the South Central Beach residential multifamily (RM‑25 SCB) zoning district and that the owner received a code violation (V2418810) after the carport was erected without permits. The applicant submitted three variance requests under Article 4, Section 4.23 to: (1) reduce the minimum front yard setback to the sidewalk from 18 inches to 0 feet; (2) increase maximum allowable width for side‑by‑side carports from 21 feet to 25 feet; and (3) allow aluminum construction rather than cloth, canvas or similar lightweight materials.

Board members pressed staff and the applicants on several points: the effect of earlier carport code amendments (staff said the recent amendment would not retroactively apply in this case since the carport was built in 2024 and the local amendment had not taken effect), whether stormwater and downspout placement would keep runoff on the property (staff said that structural and drainage details would be resolved during the subsequent building‑permit review), and whether the contractor who installed the carport was licensed (planning staff said they had not researched contractor licensing; the owner’s representative said the owner lives out of state and hired a contractor who did the work without the owner fully appreciating permitting requirements).

Board members voiced divided views about approving variances for work built without permits. Several members expressed concern about “rewarding bad behavior” by legalizing unlawfully constructed work; others noted the owner is pursuing regularization through the variance and subsequent permit process. Board member Bob Glickman raised questions about durability and stormwater; the applicant’s representative said downspouts discharge onto the owner’s property and that structural certification would be provided during permitting.

The board voted on each variance individually. The front‑setback variance (18 inches to 0 feet) passed on a 5‑3 vote: Yes — Kenneth Crawford, Richard Blattner, Tara Jafarmidhar, Robert Vargas and Mina Morgan; No — Diana Pitarelli, Joseph Stadlin and Bob Glickman. The width variance (21 ft to 25 ft) passed by the same 5‑3 margin. The material variance to allow aluminum (rather than canvas) passed unanimously.

The approvals permit the applicant to proceed to building‑permit application, where structural, drainage and code compliance will be reviewed. Staff emphasized that a variance does not substitute for required building permits and that the owner will need to secure permits and required engineering documentation for the carport to remain lawful.

Votes at a glance: variance 1 (front setback 18" → 0) — approved 5‑3; variance 2 (width 21 ft → 25 ft) — approved 5‑3; variance 3 (allow aluminum) — approved 8‑0.

Clarifying notes recorded in the hearing: the carport was reportedly built June 2024; violation number V2418810; the property is approximately 3,200 square feet; staff said the carport regulations in the code do not explicitly list setback provisions and that staff interpreted applicable rules when making their recommendation.