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Dublin BZA approves variance allowing Primrose Court patio to encroach into rear setback
Summary
The City of Dublin Board of Zoning Appeals approved a variance (Case 25032V) permitting a patio/deck at 7007 Primrose Court to encroach 12 feet into a 25-foot rear-yard setback in the Oak Park subdivision, citing unique lot layout in Sub Area A and prior, similar approvals.
The City of Dublin Board of Zoning Appeals on an evening hearing approved a non-use area variance to allow a patio or deck at 7007 Primrose Court to encroach 12 feet into a 25-foot rear-yard setback (Case 25032V).
Board members said the request responds to a recurring lot layout issue in Oak Park Sub Area A and that staff recommended approval after applying the variance criteria.
Zach, a City of Dublin planning staff member, presented the application as a “variance request for a proposed patio/deck in the Oak Park neighborhood,” and explained the board’s three-part review criteria for variances. He told the board the primary reason for the request is the house placement — a side-loaded three-car garage and the home’s siting on the lot leave little usable rear yard. Zach said staff found the required findings were met and recommended approval to allow the patio/deck to encroach 12 feet into the 25-foot rear setback while avoiding a 10-foot easement at the rear of the property.
The applicant, Shrikam Bastritti of 7007 Primrose Court, told the board the existing staircase installed by the builder is deteriorated and that the proposed patio or deck would improve his house and the appearance of the neighborhood. “I have not enough room to build anything out there,” Bastritti said. “The existing staircase…makes not only my house, even the community looks very bad.”
Board members discussed precedent and the scope of the “special conditions” finding. One member noted the board had approved roughly “about 8 or 9 variances” in Sub Area A that involved rear-yard setbacks; several members said that pattern supported treating Sub Area A as distinct when evaluating criterion A (special conditions). The board also considered the walking path and open-space reserve behind several lots; one member said the proposed patio would not abut the public walking path and that distance reduced potential impacts on the public.
After discussion a motion was made and seconded to approve a non-use area variance allowing the patio/deck to encroach 12 feet into the 25-foot setback. The roll call vote recorded: Ms. Tysnick — yes; Mr. Anderson — yes; Mr. Nye — yes; Mr. Murphy — yes. The motion carried and the board approved the variance.
The board and staff also discussed that the frequency of similar variance requests in Oak Park has prompted staff to consider a code change or an amendment to the neighborhood design standards to avoid repeated individual variances. Staff said the City prefers a code amendment to address a recurring layout issue rather than continuing to approve multiple individual variances.
Case details recorded in the hearing: Case number 25032V; property zoned Planned Unit Development (PUD) in Oak Park Sub Area A; site address 7007 Primrose Court; site area 0.23 acre; rear-yard setback requirement 25 feet; proposed encroachment 12 feet (resulting location roughly 13 feet from the rear property line while avoiding a 10-foot rear easement).
