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Planning board denies 1.6-foot setback variance for 313 West Creek after neighbors object
Summary
The Fredericksburg planning board denied a requested reduction of the side-yard setback at 313 West Creek to roughly 1.6 feet, after neighbors raised safety, access and precedent concerns and the board found alternatives and code conflicts weighed against approval.
The Fredericksburg Planning and Zoning Commission on a special-call meeting denied a variance request that would have reduced a required 5-foot side-yard setback to about 1.6 feet for a proposed garage/accessory building at 313 West Creek.
Shelby Collier, a regional assistant speaking for the applicant, told the commission that the property sits in the historic district and that the proposed garage would mirror an existing 1.6-foot setback on the property’s west side to be consistent with historic development patterns. "We respectfully request that the variance be approved for us, but a setback of 1.6 feet," Collier said during the presentation.
Multiple neighbors and nearby property owners urged denial. Doug Miller, who identified himself and his wife as nearby property owners, warned of safety and access problems and said the addition would come "right on our property." Other residents echoed concerns that the building footprint would leave only about 1½ feet between properties and could harm the neighborhood’s character and property values.
Commissioners questioned whether the applicant had feasible alternatives, such as locating the garage to the rear. Staff and the applicant said site conditions, historic-design guidelines and floodplain constraints informed the requested layout, and the applicant argued that the request would preserve rear yard recreation space. "We found that to maintain historic development patterns ... 1.6 would be an appropriate setback," Collier said.
During deliberations several commissioners expressed concern about establishing a precedent that could encourage similar encroachments on small historic lots. One commissioner noted that, while the casita and other structures in the block predate modern zoning, granting the variance to allow new construction to hug both property lines could have long-term effects on the neighborhood’s form.
A motion to deny the variance was made and seconded; the board voted in favor and the motion passed. The commission did not adopt an alternate condition or remand the case for redesign; the denial leaves the applicant able to revise the proposal or seek other remedies allowed by code.
The decision followed a broader discussion at the meeting about conflicts between the city’s historic design guidelines and the zoning code, which staff said the city plans to address through a unified development code project.
