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Board denies post-construction variance request for 824 Downing Street
Summary
The Planning & Zoning Board denied a variance request for an accessory structure at 824 Downing Street after finding the variance criteria unmet; the owner admitted to completing unpermitted work.
The Planning & Zoning Board voted March 3 to deny a variance for a nonconforming accessory structure at 824 Downing Street after concluding the application failed to meet required variance criteria.
City staff reported the site contains an accessory structure that was enlarged with an unpermitted second floor and is now less than 2 feet from the property line, and recommended denial because enlargement of a nonconforming structure generally disqualifies a variance under the city’s land development regulations. Applicant Casey Statenbeck told the board he purchased the property in 2019, acknowledged he completed construction without permits and apologized, and asked the board for leniency because removal of the second floor would be a significant undertaking.
Board members expressed concern about public welfare after staff noted a 2024 code enforcement report that said the accessory building had been used as rental units without inspections. Several members said failure to follow permitting undermines the variance criteria; a motion to approve failed on roll call 0–5. Chair (speaker 1) closed the item and encouraged the applicant to follow the code and upcoming magistrate procedures.
The denial does not change pending code-enforcement or magistrate scheduling noted in the hearing record.
