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Zoning board grants variance to allow 12-foot-6 setback so homeowner can rebuild stairs
Summary
The Zoning Board of Appeals voted 4-0 to grant a variance reducing the combined side setback at 7915 from the 15-foot minimum to 12 feet 6 inches so the homeowner can connect the garage to the house and replace exterior stairs that do not meet the 36-inch building-code width, citing safety and practical difficulty.
The Zoning Board of Appeals voted unanimously to grant a zoning variance that will allow a homeowner at 7915 to rebuild exterior stairs by connecting the garage to the house, a change staff said is needed so the stairs can meet a 36-inch building-code width and be protected from weather.
Jenna, a staff member, told board members the existing exterior stairs are deteriorating and slippery and that building code requires a 36-inch stair width. She said the applicant’s plan to move the stairs inside the garage would address those safety concerns but creates a nonconforming structure under the zoning code because it changes the garage from an accessory structure to a portion of the principal building.
Staff reported that a variance was granted last month to allow the garage to sit 3 feet 8 inches from one property line (the accessory-structure standard) when 5 feet is normally required, but that the project also requires an additional variance because the zoning code sets a 15-foot minimum combined side setback and the property’s existing combined setback totals 12 feet 6 inches (one side about 3 ft 8 in, the other about 8 ft 9 in). In a written and oral explanation of the motion, a board member said the application met the standard variance criteria—practical difficulty, substantial justice, extraordinary circumstances, public safety and relationship to adjacent uses—and recommended approval.
The board moved to adopt the motion finding that the application (referenced in the motion as PZBA 25-0000 for 7915) meets the criteria required to grant the requested variance from section 11.09C.09C and the related combined side setback provisions. After a second, the board conducted a roll-call vote: Rita, Lisa, Ray and Chuck voted yes. The motion passed 4-0.
No public commenters spoke at the meeting and staff said a neighbor had submitted a letter of support prior to the hearing. The board had no other business and adjourned shortly thereafter.
