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Board denies disability‑accommodation appeal; zoning administrator’s variance requirement stands
Summary
The Board of Appeals denied an appellant’s request to bypass variance and notice requirements for converting a narrow garage into accessible living space, ruling that city variance and building‑permit processes must be followed though expedited procedures and fee waivers may be available.
Michael Anderson appealed the zoning administrator’s letter finding that a variance is required to remove a code‑required parking space and convert a basement/garage into an accessible residential unit. Anderson, who identified herself as a senior and disabled, asked the board to waive the standard variance process and the broad notice requirements, citing state guidance urging jurisdictions to remove governmental constraints on housing for persons with disabilities.
Planning staff explained that the city’s code requires a variance to remove a required parking space and that variance filings trigger notice to neighbors within a 300‑foot radius; staff confirmed the zoning administrator had offered to expedite the process and that fee waivers or reductions are possible under the department’s fee schedule with appropriate demonstration of hardship. The zoning administrator also indicated that any variance granted to accommodate an individual’s disability would be tied to that individual and not run with the property if the accommodation no longer applied.
After hearing the record and staff responses, the board voted 4–0 to deny the appeal and uphold the zoning administrator’s determination that a variance and building permit are required for the conversion. Commissioners emphasized they had no authority to eliminate code notice or variance steps, but encouraged staff to work with the appellant on expedited review and any eligible fee reductions or accommodations to minimize delay.
