Board approves variances to legalize ADU at 825 Inca Parkway

The Board of Zoning Adjustment voted to approve variances for 825 Inca Parkway, allowing the owners to legalize an accessory dwelling unit in an existing detached building. The motion to approve BOZ2025-00002 was made by Drew Eisenberg, seconded by Ben Doyle, and passed on a 5-0 vote (Sean Haney, Ben Doyle, Drew Eisenberg, Katie [last name not specified], and Nikki McCord voting yes).

Robbie Wyler, staff liaison for the Board of Zoning Adjustment, told the board the request is for two variances: a building separation variance and a front east-yard landscape setback variance in the RL-1 single-family zoning district. "The resulting building separation between the subject accessory building and the primary building or home will be approximately 2 feet from the closest 2 points where 6 feet is required," Wyler said. He added the front east-yard landscape setback is approximately 25.5 feet where 55 feet is required. No exterior modifications are proposed as part of the variance request.

Wyler said the main practical effect of approval is the ability for the owners to obtain a building permit to legalize an existing unpermitted accessory dwelling unit (ADU) inside the detached building. He described the property's history: the primary house was permitted in the mid-1960s with a carport that was later converted to a garage, and a small ADU/kitchen/bathroom addition was constructed at some point without a permit. The current owners purchased the property in May 2024 and opened a building-permit application; Wyler said the permit cannot be finalized without relief from the separation and setback standards.

Owner Mitchell "John" Steiner, who identified himself as the owner and resident of 825 Inca Parkway, said he agreed with staff's presentation and had no additional comments. There were no public comments for or against the request. During board discussion members said the unusual placement and orientation of the house and the detached structure — evidence from historic aerial photos indicates the current footprint has existed for decades — supported finding the property met the variance criteria. Board members also noted the applicants are not seeking to expand the structure, only to legalize existing conditions.

After deliberation the board approved the variances, enabling staff to continue the pending building-permit review and fire and building-code inspections with the zoning relief in hand. Wyler explained that if the board had denied the variances the applicants would need to revise the building permit or remove the ADU features.

The board recorded the motion as "approve BOZ2025-00002" with Drew Eisenberg as mover and Ben Doyle as second. Vote record: Sean Haney — yes; Ben Doyle — yes; Drew Eisenberg — yes; Katie — yes (recorded via chat); Nikki McCord — yes. The board noted no neighbors submitted written opposition for this item.