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Council approves 1-foot setback variance for 610 Catalina after neighbor objections
Summary
The Remelian City Council approved a variance allowing a 1-foot reduction to the north-side setback at 610 Catalina to expand a single-car garage to two cars after the applicant said support letters exist and a nearby neighbor objected to precedent and safety risks.
The Remelian City Council voted to approve a variance that reduces the required north-side setback at 610 Catalina Avenue from 8 feet to 7 feet to allow expansion of a single-car garage into a two-car garage.
City staff presented the request on behalf of property owners Thaddeus and Lisa Utek and recommended approval. Staff noted the property is in an R-1 residential district and explained statutory criteria the board of adjustment must consider. "Their request was made by the owner, mister, Thaddeus, Utek and miss Lisa Utek as well," staff said during the presentation.
Neighbor Tracy Hummel of 602 Catalina spoke in opposition. Hummel said she had a 1988 mortgage survey showing 12.6 inches from her foundation to the property line and argued the applicant had not demonstrated a hardship. "Granting the easement can be considered senseless without demonstrated hardship," Hummel said, adding that reducing the setback could "increase the danger of fire to my property" and negatively affect emergency access and property values.
The applicant, who identified himself as the owner of 610 Catalina, told the council he had letters of support from adjacent residents and said an existing 6-foot privacy fence runs along the property line between the houses. He told the council a one-foot variance "wouldn't affect any access or accessibility" to the neighbor's property.
Council members questioned whether the property line had been surveyed and discussed how existing fences and stakes align with the lot line. The applicant said he had taken measurements and consulted contractors about trusses and construction feasibility.
Councilor Holland moved to approve the variance; Councilor Toller seconded. After brief discussion, the council voted to approve the request. The hearing record notes the motion "carries" with one recorded "nay," but a complete roll-call tally was not specified on the record.
The variance grants the Uteks permission to expand their garage as proposed; the council did not attach conditions beyond the usual permitting and building-code requirements. The council acted in its capacity as the board of adjustment and the staff memorandum indicates a two-thirds affirmative vote of the nine-member board is required for a variance.
