Resident seeks variance for garage; council recommends favorably to Board of Zoning Appeals

Garrett Owens asked the Kirkland Town Council on May 11 for a favorable recommendation to the Board of Zoning Appeals for a setback variance that would allow him to site a detached garage roughly 31 feet from the center of the road rather than the 46‑foot standard cited in the county area plan.

"I'm just looking for a favorable recommendation for a variance ... looking to build a garage on my property," Owens told the council, explaining he wants to avoid removing two recently planted trees — including an Indiana yellowwood — and said his proposed location aligns with how many nearby homes were built.

Town planning staff explained the ordinance’s average‑setback calculation did not apply in Owens’s case because of corner‑lot geometry and neighboring lot measurements. The planner also outlined the three standard variance criteria the Board of Zoning Appeals will use: whether the variance would injure the neighborhood, whether it would affect property values, and whether there is a practical difficulty preventing compliance with the ordinance.

Council members discussed sight‑line and right‑of‑way constraints, noted precedents where similar accessory structures were allowed, and emphasized that the Board of Zoning Appeals — not the council — has the final decision authority under the county unified development ordinance. After discussion the council moved and passed a motion to forward a favorable recommendation to the BZA.

The council’s action was advisory; the BZA will hold the formal hearing and make the binding determination.