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Planning commission denies setback waiver for backyard business shed; owner says move would threaten livelihood
Summary
The Henderson Planning Commission denied a request to reduce an interior‑yard setback from 5 feet to 1.5 feet for a small backyard shop used by a family business, after staff said the applicant did not provide adequate justification. The applicant said moving the structure would impose substantial costs and threaten the business.
The Henderson Planning Commission on Tuesday denied a waiver that would have allowed an accessory structure at 1907 Noritake Court to be placed 1.5 feet from the property line instead of the 5 feet required under city code.
Staff recommended denial, saying the applicant had not shown acceptable justification or compensating benefits. According to the staff report, code enforcement opened a case on June 10 after a complaint; records show the building permit indicated 5‑foot setbacks and nine inspections recorded by staff. "June 10, code enforcement opened a case based on a complaint," staff told the commission.
The applicants, recorded as Britney and Brian Loeffelholtz, told the commission they moved their flower‑preservation business from rented commercial space into a backyard shop after rent increases. "We decided to get out of that lease and build a shop in our backyard in order to keep our rates as low as possible," one applicant said, warning that denial could impose thousands of dollars in relocation costs and jeopardize the business.
Commissioners questioned whether the applicants had sought a waiver before building, raised fire‑safety concerns tied to narrow setbacks, and noted code enforcement responds to complaints rather than proactively inspecting properties. The applicant said they had spoken with a code enforcement officer who, they said, indicated a structure under 200 square feet could be sited close to the wall; staff countered the permit record showed the 5‑foot setback.
Commissioner Beeson moved to deny Waiver of Standards WOS2025017241; the motion passed. The chair said the denial stands but that the applicants may work with staff to explore options, including permitting corrections or an appeal.
Next steps: staff will meet with the applicants to explain available options, and any administrative appeals or new applications would follow the city’s code and permitting processes.
