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Board grants rear-yard setback variance for detached garage at Lake Tishomingo Road
Summary
The Jefferson County Board of Adjustment approved a variance allowing a detached garage to sit about 28 feet from the rear property line at 5525 Lake Tishomingo Road, reversing staff's recommendation for denial after petitioner argued existing foundations and neighbor context justified relief.
The Jefferson County Board of Adjustment voted to grant a variance for a detached garage at 5525 Lake Tishomingo Road, approving a reduction of the rear-yard setback from the required 50 feet to roughly 28 feet.
County planning staff had recommended denial, telling the board the request "is not consistent with the intent, purpose, and integrity of the zone plan as embodied by the UDO," and noting the Unified Development Order directs detached structures be located 50 feet from the rear property line. Staff also said it could not confirm whether an earlier allowance had been a granted variance or simply a grandfathered condition.
Petitioner Steve King, sworn to testify before the board, said the site contains foundations from the original house and an outbuilding and that those foundations remain structurally sound. "Both the house and the detached garage were built approximately 10 years ago and... burned about 10 years ago," King said, adding that engineers have inspected the foundations and that denial would impose financial hardship because reusing the existing slab is integral to his plan. King also told the board he purchased the parcel from heirs of the salvage-yard owner and had not been aware of setback issues before applying for permits.
Board members weighed the four variance criteria, including whether the lot's topography and prior development make the strict application of the UDO an unreasonable hardship. One board member observed that if the structure ‘‘wasn't there already, this would be an automatic no for me,’’ but said the long-standing abandoned foundation and the property's status as an eyesore influenced a favorable view. Staff answered questions that a grandfathered structure can lose that status if not replaced within six months and that county records did not immediately show a prior variance.
After discussion, a board member moved to approve BOA25006; another seconded. The board voted in favor and the motion carried, granting the variance. The decision allows the petitioner to proceed with the detached garage as presented. No specific conditions or additional mitigation measures were announced at the vote.
The board entered the Jefferson County Code of Ordinances, Chapter 400 (the Unified Development Order adopted 04/02/2008), and the staff report into evidence during the hearing. The board did not record an itemized roll-call vote in the transcript, only the verbal 'aye' and the chair's announcement that the motion carried.
