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Prescott Board of Adjustment approves reduced setback for Habitat-built deck at 238 Mini Street
Summary
The Prescott Board of Adjustment approved a variance reducing a residential side setback from 7 feet to 3 feet so a deck at 238 Mini Street can remain while a lot-line adjustment and permitting proceed; Habitat for Humanity and adjacent homeowners said they will sign the revised plat to resolve the encroachment.
Prescott — The Prescott Board of Adjustment voted to approve a setback variance for a deck attached to a home at 238 Mini Street, allowing the deck to remain three feet from the side lot line while staff processes a lot-line adjustment and the homeowner secures a permit.
Tammy Dewitt, community planner, told the board the request "is a reduction of the required 7-ft side setback by 4 ft resulting in a 3-ft side setback for a deck attached to a residence." Dewitt said the house received a certificate of occupancy in December 2020 that referenced a 60-square-foot deck and that staff found no revised site plans for the structure during their records review.
Staff said the deck sits across an existing lot line and the proposed remedy is a lot-line adjustment that would reconcile property boundaries; however, because the adjustment and platting are processed separately, the board considered only the setback variance. Dewitt said inspectors and staff are working with Habitat for Humanity, which built the homes, to correct the record and bring the property into compliance.
Debbie Julie, representing Habitat for Humanity, told the board the adjacent homeowner "is on board and ready to sign the plat when it's ready to be signed," and said Habitat has been coordinating with affected property owners to resolve the encroachment.
Board member Tom Hodges raised concern that "the city made an error" during earlier permitting and asked how the city will prevent similar oversights. Planning staff responded that inspectors rely on approved site plans in the field, acknowledged recordkeeping and inspection strains during the COVID-era transition, and said staff will take steps to avoid recurrence but could not guarantee elimination of future errors.
Board members asked whether the lot-line adjustment would require an adjacent owner to surrender land; staff replied the adjacent owner must sign the plat, and staff reported that property owners have been cooperating and that the lot-line adjustments are handled administratively through staff review rather than as a Board action.
A motion to approve the variance "as submitted" was made and seconded; the board adopted the variance by recorded vote. The board also approved the preceding meeting minutes earlier in the session. Staff said the lot-line adjustment and any required permits will be processed administratively to finalize compliance.
The board closed the hearing after board member Larry Meads commended staff on the packet; staff said an application may appear next month and the meeting was adjourned.
