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Board denies variance for accessory structure at 115 Warren Drive
Summary
The Board of Zoning Appeals denied a request Jan. 15 from Manuel Martinez for relief from height and setback rules for an accessory building at 115 Warren Drive, concluding the applicant did not demonstrate the hardship required for a variance.
The Metro Board of Zoning Appeals on Jan. 15 denied Manuel Martinez's request for a variance to legalize an accessory building at 115 Warren Drive that exceeded the permitted height and encroached into required setbacks.
Martinez told the board he built the garage to provide storage for his mother and that framing and soffits added about three feet to the structure, producing a 21-foot height where the permit listed 16 feet. He said the upstairs area would be used for storage, not habitation. "I'm asking for the height and the setback," Martinez said while explaining his outreach to neighbors and the permitting process.
A neighbor, Turner Cripps, testified that the height and windows created privacy and safety concerns for his family and showed interior photos from his children's bedrooms. Board members questioned permit history and whether the applicant had demonstrated a legal hardship. After discussion, a motion to deny the variance passed; the board recorded the denial and closed the public hearing.
The denial means Martinez must bring the structure into compliance with applicable codes or pursue other remedies permitted by law, including the option to reapply with additional evidence.
