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BZA upholds administrator’s building‑coverage interpretation; porches counted as coverage
Summary
The board denied an appeal that sought to exclude unenclosed porches from building‑coverage calculations, finding the zoning administrator’s interpretation consistent with the ordinance language (exclude only eaves/overhangs). The applicant may return with variances for impervious coverage as needed.
The City Board of Zoning Appeals on Dec. 23 denied an appeal asking the board to overturn the zoning administrator’s determination that covered porches count toward building coverage.
Applicant Daniel Sanders argued the code is ambiguous and that unenclosed porches are architectural features, not part of the building footprint, and should be excluded. Sanders noted the 2019 code explicitly mentioned porches but the recodified text did not, contending this supports his interpretation that porches are not included in building coverage.
The law director and staff countered that Article 2.4 defines building coverage by building footprint “exclusive of eaves and other overhangs,” and that the finished porches at issue have foundations and structural attachment to the house that make them more than simple overhangs. The law director read the definition aloud and said the ordinance language supports including roofed, founded areas that may be enclosed in the future.
Several board members said overturning a consistent administrative interpretation would upend prior determinations and should not be done lightly. The board voted to deny the appeal and held that the administrator’s interpretation stands. The applicant was told he still may need variances for impervious surface and can return with properly advertised variance requests addressing any remaining nonconformities.
Next steps: Staff will advise the applicant on advertising the necessary variance requests for the next meeting so the board can consider any numerical relief needed after the administrator’s interpretation is applied.
