Appeals officer says proposed addition at 6837 South Pine Rock Drive moves home closer to code, will be approved

Appeals Hearing Officer Frank Nakamura said at a July hearing that he will issue a written decision approving a proposal to modify nonconforming elements at 6837 South Pine Rock Drive, moving the house closer to compliance with local setback rules.

City staff (Mr. Harris) told the hearing the property currently contains nonconforming features — including a pergola and north-side bump-outs that staff said were likely installed without permits. Mr. Harris said staff recommends approval, noting the applicant proposes removing about 127 square feet of nonconforming area while adding about 94 square feet elsewhere, a net reduction of roughly 33 square feet that would bring the structure closer to meeting the city’s setbacks.

James Carroll, the designer for the project, described the changes at the hearing: "The entire pergola will be removed, so it's gonna open up the backyard a lot," and he said the proposal includes an exit staircase to an existing upper-floor deck to provide egress. Carroll also said the plan adds a one-car garage to an existing two-car garage, creating a three-car garage, and that part of that one-car addition will push into the setback.

The appeals officer asked whether the relocated or reconstructed portions would encroach farther into the side setback than existing materials. Mr. Harris said, based on the drawings, the proposed relocations "do not encroach as far into the setback as what is currently there," though he acknowledged he did not have exact measurements on hand.

Nakamura said he would prepare a written opinion that reflects his verbal findings and stated his preliminary determination that the relocation and reconstruction of nonconforming elements "are not unreasonably burdened" on the neighborhood and that the project reduces the nonconforming square footage by about 33 square feet. He then indicated he would authorize the permit to proceed as described in the staff report.

The homeowner (identified in the application as Devin Russo) confirmed he was available to answer questions and did not add substantive changes to the plans. The hearing record shows staff materials and applicant-submitted documents were entered into the record for the officer’s review.

The officer approved the minutes for the hearing and adjourned the session. The written decision detailing the officer’s findings and any conditions will be issued on the record by Nakamura and added to the file.