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Scott County board approves variance for second-story addition on nonconforming home
Summary
The Scott County Board of Adjustment approved a variance allowing John and Emily Neeson to add a second story that increases a legal nonconforming home’s square footage by about 63%, with staff and the township recommending approval because the addition does not reduce existing setbacks.
The Scott County Board of Adjustment voted to approve PL 2026037, a variance that will allow applicants John and Emily Neeson to add a second story that increases the existing nonconforming home’s square footage by roughly 63%.
Principal planner Greg Wagner told the board the house was built in 1962 and currently sits 21 feet from the south property line. County code allows legal nonconforming structures to expand up to 50% of square footage provided the expansion does not reduce required setbacks. Wagner said the Neesons’ plan is to add a vertical second story that is set back farther from the property line — “the 2nd story will actually be about 25 feet from the property line even though they’re going vertically” — and that staff therefore supports the variance request. He also noted that the township had recommended approval and that a neighbor letter of support was included in the packet.
Applicant John Nysen told the board the expansion is driven by family needs: “We have a 9 month old son, and we actually have twins on the way in November,” he said, describing the larger addition as needed for space and family planning.
A commissioner moved to approve the variance based on the criteria in the staff report and noting Sand Creek Township’s recommendation; after a second the board voted by voice to approve. The transcript records the board calling for and receiving “aye” votes. The approval is subject to any conditions listed in the staff report and does not by itself authorize construction; the applicants must obtain required permits and meet any conditions before work can start.
What happens next: The variance is effective as approved by the Board of Adjustment; building permits and inspections will be required for construction.Speakers quoted: Greg Wagner, principal planner; John Nysen, property owner.
