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Board of Adjustment approves variance for South Moonlite Drive lot with tightened setback condition
Summary
The Board of Adjustment approved a variance allowing construction on a narrower Lot 14 in Twin Rivers Crossing (South Moonlite Drive) and required the two side-yard setbacks be increased from 7 feet to 8 feet 6 inches; Lot 13 remains unplatted and will require a separate application.
The Board of Adjustment approved a variance for Lot 14 in the Twin Rivers Crossing addition on South Moonlite Drive on a condition that the two side-yard setbacks be increased from 7 feet to 8 feet 6 inches.
The vote came after board members and city staff discussed alternatives including rezoning and whether the lot geometry was the result of an error in earlier development approvals. City staff told the board that the city had already accepted on-site improvements, including the road and utilities, and framed that acceptance as the basis for a hardship to justify a variance.
Board member Heidbrink moved to approve the lot-14 variance with the setback condition; the motion was seconded and approved by voice vote, with the chair announcing the motion carried. The motion as stated specified increasing the two side-yard setbacks from 7 feet to 8 feet 6 inches to compensate for the narrower lot so the overall density would remain consistent with the surrounding R-1 neighborhood.
During discussion, staff and attendees noted Lot 13 is not yet platted and therefore cannot be granted a variance at this time; the city advised that the applicant would need to submit a separate variance application for that parcel when it is platted. Participants also raised concerns about setting a precedent and considered rezoning the adjacent property to R-2 as an alternative, but several speakers said rezoning could change setback standards and create other issues.
A member of the public said the lots as drawn are not buildable without relief, calling that the practical hardship. City staff reiterated, “The city has already accepted the improvements as far as, like, the road, the utilities,” as part of the rationale for finding a hardship tied to prior approvals.
The board’s approval applies only to Lot 14 as described in the application; the applicant may return with a separate application for Lot 13 when it is platted. No roll-call tally or individual votes were recorded in the transcript; the outcome was announced as "motion carried."
