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Planning and Zoning Board approves variance allowing gazebo to encroach into rear setback
Summary
The Planning and Zoning Board voted to allow a homeowner’s roughly 320-square-foot gazebo to encroach about 5.5 feet into the rear setback at a Bald Eagle Place Northeast property; staff had recommended denial under Chapter 150.06 but the board approved the variance with conditions requiring utility encroachment agreements and a completed building permit.
The Planning and Zoning Board approved a variance at its meeting to allow a homeowner’s gazebo to encroach into the rear-yard setback at a property on Bald Eagle Place Northeast.
Amy Rickon, director of development services, told the board staff had reviewed the application under Chapter 150.06 — the city’s variance standard governing area, height, dimension, distance, parking and setback requirements — and recommended denial. Rickon said the structure encroaches about 5.5 feet into the rear setback and that the rear of the lot unusually contains a 10-foot public utility easement rather than the more typical 5-foot easement.
“The applicant is requesting a 5 and a half foot encroachment into the rear setback for a 320-square-foot gazebo,” Rickon said, and noted that, if the board approved the variance, a condition of approval would be that the applicant coordinate encroachment agreements with the utility companies and complete the building-permit process.
The applicant, who identified himself as Albert and gave a Bald Eagle Place Northeast address, told the board, “I have a lot of neighbor backing and the structure is nicely built,” and said he understood he might need to remove or alter the structure to accommodate future utility work.
A motion to approve the variance was made and seconded by Commissioner Capleton; a roll-call vote followed with Commissioners Hankins, Richardson (chair), Galbadon (vice chair) and Hardesty voting yes. The motion passed, and the board approved the variance with the staff-recommended conditions that the applicant secure encroachment agreements with affected utilities and finish any outstanding building-permit requirements.
The board recorded no public comment for or against the variance during the meeting. The meeting adjourned after brief acknowledgments from members.
What happens next: The applicant must secure encroachment agreements from utility companies and finish the building-permit process before final permit approval, per the board’s stated conditions.
