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Commission approves hot-tub setback variance for corner lot residence
Summary
The commission approved a variance to allow a hot tub to encroach 7.4 feet into a 10-foot use-specific setback on a constrained corner lot, finding neighbors supportive and conditions met for privacy and safety.
The Urban Design Commission approved a design variance March 11, 2026, to allow a hot tub to encroach 7.4 feet into a 10-foot use-specific setback on a corner lot with frontages on West 82nd and Mentor Street.
Staff said the property’s small fenced backyard offers privacy and buffer features — a neighbor’s shed and mature trees — and that three neighbor letters in the packet supported the request. Staff found all applicable variance standards met and recommended approval with conditions.
Homeowner James (Jim) Fowler told the commission the encroachment was discovered during closeout of a permitted carport when an updated as-built plan showed the hot tub’s proximity to the south property line. Fowler said the hot tub is a six-foot-round unit used by older homeowners and that neighbors had indicated they were unaware of the tub and had no objection.
Commissioner Strait moved to approve the variance, citing tight site constraints and buffering; other commissioners agreed and the variance passed with a recorded vote of six in favor, zero against.
Next steps: conditions in the staff report apply and the homeowner may proceed with any required building-permit closeout steps.
