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Board allows secondary range in Windgate Way multi‑generational home subject to recorded deed restriction
Summary
The Mobile BZA approved a variance to permit a 220‑volt outlet for a secondary range in a one‑dwelling, multi‑generational house at 7288 Windgate Way, conditioned on a recorded deed restriction barring third‑party rental or subdivision of the unit.
The Board approved June 1 a variance allowing a 220‑volt outlet for a second range in a single, multi‑generational dwelling at 7288 Windgate Way, provided the owners record and submit a deed restriction that prevents renting the secondary living space to non‑family members.
Applicant Karen Kunga described the design as a single dwelling built to accommodate multiple generations — "it all flows as one dwelling" — and said the household sought a dedicated stove to give an older family member autonomy while keeping the unit under single‑owner occupancy. City staff explained the Unified Development Code treats a separate kitchen as an element that can define a second dwelling and therefore triggers the variance requirement.
Board members and staff discussed enforceability; staff recommended that the recorded deed be submitted to planning before final building permits are issued to provide an enforceable restriction and to make the covenant available for enforcement by the city or the homeowners association. The board's motion to approve included that requirement.
The approval allows the builder to continue with electrical work once a recorded deed restriction has been submitted to staff.
