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Board requires porch modification but approves exception to legalize existing encroachment
Summary
The board granted a special exception to legalize an existing porch at 4565 Luminda Drive but approved it with the staff condition that the porch be modified to comply with the five-foot setback allowed under Special Exception F.
The Zoning Board of Adjustment approved a special-exception request May 4 to legalize a covered porch that currently encroaches into the required 10-foot side street yard setback at 4565 Luminda Drive, but the board required the porch be modified to meet the five-foot setback allowed under Special Exception F.
Alejandra Gonzalez of Planning and Inspections explained staff’s recommendation: the porch extends beyond the 5-foot encroachment allowance and must be modified to comply with Special Exception F criteria; notices were mailed to nearby property owners and staff received no communications in opposition prior to the hearing.
Property owner Sylvia Magayanes told the board the porch was built during the COVID-19 period and that neighborhood signatories signed a petition in support. "We didn't ask the city — the contractor told us an open porch didn't need a permit," Magayanes said, asking the board to legalize the structure without modifications.
Board members discussed statutory constraints: staff and legal counsel noted Special Exception F allows up to 50% of the required setback (i.e., 5 feet where the required setback is 10 feet), and the board cannot waive that code limitation. Given that legal limit, the board approved staff’s recommended condition requiring the porch be altered to meet the five-foot setback.
The board's action formalizes the exception with the condition and closes the case.
