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Board grants 5‑foot side‑yard setback variance after applicant cites misplacement
Summary
The board approved a 5‑foot side‑yard setback variance for a house placed closer to the property line than permitted; the applicant attributed the issue to the homeowner not hiring a surveyor, and staff said the adjacent city had no objection.
The Loudon City Board of Zoning Appeals voted to grant a 5‑foot side‑yard setback variance for a house on Old City Highway after hearing that the structure was sited 15 feet from the side lot line instead of the required 20–25 feet.
The matter was introduced for owner/applicant Anthony J. Kula. A presenter explained that the house was built without a surveyor and ended up 15 feet from the property line instead of the permitted setback, so the owner sought a five‑foot variance to come into compliance. The presenter relayed that the 'mayor of Philadelphia' had indicated the city found the variance acceptable as a misunderstanding tied to the lack of a survey, and there was no recorded objection from adjacent owners.
Board members discussed the unusual jurisdictional situation and the historic lot patterns in the area. One member moved, and another seconded, to grant the variance; the board approved by voice vote.
The approval resolves the immediate zoning compliance issue for the property but does not remove the underlying cause (the absence of a preconstruction survey). The board recorded the variance as granted without conditions noted in the transcript.
