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Board approves front‑loading garage variance for 807 Spruce St. in Fountain Square

2547367 · March 11, 2025
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Summary

The Metropolitan Board of Zoning Appeals, Division 2, on Feb. 11 approved a variance permitting a front‑loaded garage and street driveway at 807 Spruce Street; the Smiths committed to replace the adjacent sidewalk to ADA standards as part of the approval.

The Metropolitan Board of Zoning Appeals, Division 2, on Feb. 11 granted a variance of development standards permitting a front‑loaded garage with direct access to Spruce Street at 807 Spruce Street in the Fountain Square area. The board voted unanimously to approve the request.

Petitioners Nate and Sarah Smith, represented by land-use consultant Paul Lambie, proposed to build a two‑story single-family home with a recessed front garage and a street-facing driveway. The property is a shallow double lot about 60 feet wide by 110 feet deep (approximately 0.15 acres) currently unimproved after the prior structure was demolished. The petition asked for relief from the infill/walkable-neighborhood standard that generally requires alley access where an alley exists.

Petitioners and their builder said the alley behind the property is platted at 10 feet and therefore does not meet the city's 15-foot minimum pavement width for alleys in the compact context; the alley also contains a utility pole and mature trees that would interfere with safe vehicle maneuvering. The Smiths told the board they would commit to reconstructing the full 60‑foot frontage sidewalk adjacent to their lot to city and ADA standards as a condition of approval.

City planning staff recommended denial. Staff noted the lot is one of the wider parcels in the block and that the alley is improved and used by surrounding properties; staff said a practical difficulty had not been demonstrated and that a rear-garage solution would be feasible without loss of yard. Staff also raised concerns about adding another curb cut and potential pedestrian-vehicle conflicts on Spruce Street.

Petitioners and neighborhood representatives including the Fountain Square Neighborhood Association argued that the block context already includes multiple front-drive garages, that the alley is substandard and that the combination of the alley’s narrow width, the lot’s shallow depth and the presence of mature trees create a practical difficulty. The board adopted a condition recorded on the record that the petitioners will replace the sidewalk to DPW/ADA standards.

Ending: The approved variance allows the Smiths to proceed with construction subject to standard permitting and the sidewalk reconstruction commitment. The board recorded the condition on the record as part of its approval.