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Planning commission upholds zoning denial for Lark Creek barn-to-residence conversion
Summary
The commission unanimously denied an appeal to convert an existing barn at 7 Lark Creek Lane into a residence, concluding staff and the zoning administrator correctly found no special circumstances to justify a side-yard setback variance; the applicant was advised how to pursue alternatives.
The Lafayette Planning Commission voted unanimously to deny an appeal from property owners seeking design review and a variance to convert an existing barn at 7 Lark Creek Lane into habitable space. The commission adopted Planning Commission Resolution 2025-13, which upholds the zoning administrator’s earlier denial.
Staff project planner Nicole Zittle told the commission that the barn encroaches on the required 15-foot side-yard setback and that staff and the zoning administrator found no unusual site constraints to justify granting a variance. Zittle summarized the zoning and design-review analysis and said the fire district reviewed access and determined safe egress was possible.
Designer Steven Kubicek, speaking for owners Kathy and Tom Hui, said the barn is structurally sound, was renovated in the past, and that converting it to living space for elderly family members would be less onerous than demolition and rebuild. Kubicek argued the existence of the barn and creek-related constraints made the site unusually constrained and asked the commission to allow the conversion rather than require demolition.
Commissioners asked technical questions — including about the barn’s age, whether the structure would need major code upgrades if occupied, and whether merging parcels or a lot-line adjustment could be an alternative route. Staff and commissioners discussed ADU rules, noting conversions of existing structures into accessory dwelling units can have different setback treatments under state law, but that those rules did not directly provide support for the variance requested.
The variance sought an approximately 1.33-foot encroachment relative to the 15-foot required side-yard setback, and staff noted the barn’s size (including loft areas) exceeds common ADU limits in some respects. After deliberation, Commissioner [mover] moved to adopt staff’s recommendation to deny the appeal; the motion passed 5–0.
Next steps: staff advised the applicants that they may appeal the commission’s decision to the City Council or return with an alternative approach (merging lots, lot-line adjustment, redesign to meet setback, or a different ADU strategy). The commission suggested the applicants consult with the city attorney and staff when considering alternatives.
