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BZA grants sidewalk variance for near‑West Side house, records zoning commitment
Summary
The board approved a determinant sidewalk variance for a proposed house at 523 W. Seventh St., allowing postponement of a Jackson Street sidewalk now because of narrow right‑of‑way, utilities and a large pine tree; approval requires a recorded zoning commitment to install a sidewalk if future conditions trigger it.
The Board of Zoning Appeals approved a determinant sidewalk variance Nov. 1 for a proposed single‑family house at 523 West Seventh Street, allowing the petitioner to defer construction of a sidewalk on the property’s Jackson Street frontage.
Staff reported the segment of Jackson Street has only about 183 vehicles per day and 85% of vehicles travel at 20 mph or less. Because the public right‑of‑way along Jackson is only 40 feet wide, a fully compliant 6‑foot sidewalk and 5‑foot tree plot would have to be placed roughly 10 feet onto private property, which staff said would necessitate removal of a mature pine tree and partial removal of an adjacent primary structure. Staff recommended a determinant sidewalk variance with a condition that a zoning commitment be recorded so the property owner (and future owners) would be responsible for constructing the sidewalk if future city projects or triggers require it.
Petitioner Jenny Kincaid said she and her husband designed the house to preserve yard and garden space and had already spent time and money preserving mature trees; she said removal of the tree and construction would significantly reduce usable yard, complicate permeable‑area requirements and increase cost. Several neighbors and representatives of the Near West Side neighborhood spoke in support of the variance, characterizing Jackson Street as a low‑traffic, north–south street where a half‑block sidewalk would be a “sidewalk to nowhere.”
Board members discussed long‑range transportation and safety considerations and whether recording a zoning commitment is appropriate. The board approved the determinant sidewalk variance and required that the zoning‑commitment instrument be recorded prior to building‑permit approval.
