Board grants ADU variances so existing cabin can become detached ADU; shared‑driveway variance also approved
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BZA approved two variances allowing a preexisting cabin to be classified as a detached accessory dwelling unit (DADU) and to avoid creating a shared driveway, citing site constraints and timing concerns presented by the petitioners. Staff recommended a sliding‑scale subdivision as an alternative but the board granted the variances 4‑1.
The Board of Zoning Appeals approved two variances (VAR‑25‑64A and VAR‑25‑64B) allowing an existing dwelling at 2590 West Fry Road to be treated as a detached accessory dwelling unit (DADU) and to avoid the county requirement that the DADU share a driveway with the primary residence. Planning staff recommended denial and noted petitioners could pursue a sliding‑scale subdivision to achieve the same end, but the petitioner argued the subdivision timeline would delay building permits and the desired sequencing of construction.
Planner Drew Myers said the existing structure measures about 1,248 square feet and exceeds the DADU livable‑space cap of 1,000 square feet; the parcel configuration and driveway orientation make achieving a shared driveway impractical without significant grading that would interfere with the structure’s garage and topography. Petitioner’s surveyor Eric Deckard and counsel described the narrow topography near the cabin, steep grades, and practical constraints on reorienting the driveway. The Highway Department preliminarily denied a right‑of‑way activity permit to keep both existing driveways under the county’s driveway standards unless the site were reconfigured.
The board split on process but ultimately approved both variances 4‑1 (Skip Daley voting no) noting the unusual site constraints, the owner’s aim to sequence construction, and that approval does not foreclose a future sliding‑scale subdivision if the owners pursue it.
Next steps: Petitioners will proceed with the plat amendment and building permits under the approved variances; staff noted rights‑of‑way and driveway permitting remain a parallel administrative step.
