Board grants variance to allow rear-yard addition after petitioner argues accessibility and nonconforming-deck constraints

The Board of Zoning Appeals granted a variance to allow a homeowner at 2616 South Pages Way to construct an enclosed addition in a location that would otherwise violate the minimum 25-foot rear-yard setback.

Staff recommended denial, concluding the property did not present the peculiar physical conditions that ordinarily constitute a 'practical difficulty' under the UDO; staff noted the existing deck is a lawful nonconforming feature that can be repaired without a variance but that new enclosed construction in the same area would require relief. The petitioner argued the lot is narrow and at the end of a cul-de-sac, the existing deck is lawfully nonconforming and in poor condition, and the family needs accessible, ground-floor living space for a permanently disabled, wheelchair-using family member. The petitioner said the existing deck sits roughly 16 feet from the rear property line, meaning the proposed enclosed addition would sit about nine feet inside the required setback.

After extended questioning about feasible alternatives (interior reconfiguration, accessory dwelling unit, adding a story, or rebuilding strictly within the existing deck footprint), the board moved to approve the variance using staff’s recommended findings for criteria one and two and adopting petitioner-provided findings for criterion three (practical difficulty). The board included a condition that the approval apply only to the plans submitted; any material changes will require further review.