Decatur board denies homeowner’s request for side-yard setback variance to build carport

The Board of Zoning Adjustments denied a variance request from Mighty Sanchez that would have allowed a carport 9.5 feet from the side property line at 916 Betty Street SW. Staff presented the application seeking a 5.5-foot side-yard setback variance (Section 25-10.82 E).

Sanchez told the board the variance was needed because the family has five vehicles but only two spaces in the garage, and they have experienced repeated thefts from the property; she provided police-report context and said a privacy vinyl fence would screen the carport from view. Sanchez said the carport would store three vehicles and tools and that driveway turning constraints make rear-yard placement impractical.

Board members asked about alternatives (placing the structure in the rear yard) and whether the proposed lean-to/lien encroached on the city’s defined side-yard area. After discussion, a motion to approve as submitted failed on roll-call (Mark Moody: No; Flora Gonzalez: Yes; Tom Poehler: No; Dwayne Dean: No), leaving the variance unapproved. The chair explained the lien/lean-to situation and that the structure encroached into the city-declared side-yard area.

Because the variance was denied, the applicant will not be permitted to construct the carport as proposed unless she reapplies or revises the design to meet setback requirements.