Board continues variance request for rear stair at 3929 17th St. to allow drafted findings

The Board of Appeals continued an appeal of a zoning administrator’s denial of a rear‑stair variance for 3929 17th Street to Jan. 14, 2026, so the parties and staff can draft findings if the board decides to grant relief.

Appellant counsel Farley Newman argued the variance was needed on life‑safety grounds and practical difficulty: the upstairs unit relies on two exits that are only about 12 feet apart, which the appellant says is insufficient separation under housing and building codes; the lack of direct rear‑stair access also creates practical difficulties in using the backyard and supervising children or pets. Newman urged the board to find the five statutory variance findings were met.

Planning staff (Corey Teague) and Department of Building Inspection (Joseph Aspital/Hospital) presented differing but related interpretations: Teague said the zoning administrator treated the stair as a desirable convenience rather than a required second exit under current code for this R‑3 occupancy, and the planning department found the five findings were not met; DBI’s building inspector explained that building‑code exit travel‑distance calculations showed the building would meet single‑exit standards (125 feet travel distance) and that the proposed plans as submitted would be approvable by DBI.

Commissioners noted the high legal bar for variances and characterized this as a close case, with the central issues being life‑safety and precedent. The board voted to continue the matter to Jan. 14, 2026, to allow the appellant, Planning, DBI and board staff to prepare written findings that could support a variance while limiting precedent risks.