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Board of Adjustment approves variance allowing second‑story addition on legal nonconforming house
Summary
The Scott County Board of Adjustment approved PL 2026037 on July 13, 2026, granting a variance to allow a roughly 63% increase in square footage for a 1962 rambler owned by John and Emily Nysen by adding a second story. Staff supported the request because it won’t reduce the existing setback; Sand Creek Township recommended approval.
The Scott County Board of Adjustment voted July 13 to grant PL 2026037, a variance that allows property owners John and Emily Nysen to add a second story to a 1962 rambler that currently sits 21 feet from the south property line.
Greg Wagner, principal planner for Scott County, told the board the house was built in 1962 and now sits inside the county’s 30‑foot side yard setback, making it a legal nonconforming structure. By county ordinance, legal nonconforming homes may expand up to 50 percent of their square footage so long as the addition does not decrease the existing setback. Wagner said the proposal would increase the home's total area by about 63 percent but would not decrease the existing setback; the second story would be set back roughly 25 feet from the property line. “Staff is supportive of the variance request because they are not decreasing the existing setback,” Wagner said.
John Nysen, who spoke to the board from the podium, said the expansion is driven by family needs: “It is a very large expansion. We have a 9 month old son, and we actually have twins on the way in November.” Wagner also noted Sand Creek Township reviewed the application on July 2 and recommended approval; a neighbor letter of support was included in the packet.
The board closed the public hearing after no members of the public came forward and approved the variance by voice vote after a motion based on the variance criteria in the staff report. The approval is subject to the conditions and findings listed in the staff report and moves the matter to any subsequent county board steps required by county procedure.
Next steps: the county will implement standard permit review and any plan checks required for building the second‑story addition; the staff report lists conditions that must be satisfied prior to building permits.
