Zoning board approves exception for rear‑yard carport/storage encroachment at 3826 Mountain Avenue with one side portion to be removed

The Zoning Board of Adjustment approved a special exception May 5 to legalize an existing carport and storage addition that encroach into the rear‑yard setback at 3826 Mountain Avenue. Staff recommended approval with the condition that a small portion of the carport encroaching into the side setback be removed.

Jose Bueno of Planning and Inspections presented the R‑4 residential case and said the request would legalize a total encroachment area of approximately 428 square feet into the required 25‑foot rear yard setback. Aerial photos indicate at least two other properties on the block with rear‑yard encroachments. Notices were mailed to property owners within 300 feet on April 23; planning received one phone call of inquiry and no calls in support or opposition.

Board members asked staff to clarify which portions of the site plan would be removed. Staff pointed to a small side portion of the carport that would be removed; other detached accessory structures appear to be more than five feet from the main structure and are treated as accessory uses. Francisco Mejia (Building Permits and Inspections) asked for clarity about accessory structures and permits; staff confirmed accessory structures under certain sizes do not require the same permitting and that the portion to be removed was identified on the staff site plan.

Fabian Uribe moved to approve with the condition that the side encroachment portion be removed; Heidi (last name shown in the record as an addition to the board) seconded and the motion passed by voice vote. Staff will enforce the removal of the identified side portion during the permitting process.