Board okays 0‑foot patio setbacks for two Frey Lane townhomes

The board approved two patio side‑setback variances Aug. 21 for townhomes on Frey Lane, allowing existing patios to remain at 0 feet from the side lot line.

Staff presented two applications for separate properties (applications 20250348 and 20250365) asking to permit existing patios that encroach into the code’s three‑foot side‑yard setback. Staff noted the patios had been installed without permits and described applicant hardships (concerns about foundation damage, drainage and unusable sloped yards). Staff recommended approval for townhome contexts because the development includes zero‑foot side setbacks for buildings and prior variances for accessory structures suggested patios might be treated similarly.

Dennis Burnside testified he had overlooked permitting and described drainage work and adaptations aimed at preventing foundation damage; he asked the board to approve the variance. For the second application (Warner), the applicant was not present and staff indicated support based on precedent. Board members agreed that the townhome development’s unique characteristics supported the variances and that a 0‑foot side setback for patios may be appropriate in that context.

Both patio variance applications were approved by roll call after motions and seconds. Applicants were reminded to submit the required zoning certificate updates and any requested plan changes.