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Livingston BZA approves 3-foot side-setback variance for 178 Buena Vista Drive
Summary
The Livingston Board of Zoning Appeals approved a 3-foot side-setback variance for 178 Buena Vista Drive after staff reported an unpermitted two-foot extension that brought a replacement porch room closer to the property line; the board found adjacent lot lines left little room and voted to grant the variance.
The Livingston Board of Zoning Appeals voted to approve a 3-foot side-setback variance for a house at 178 Buena Vista Drive after city staff reported an unpermitted addition and measurements showing the structure had been extended closer to the property line.
Walter, a city staff member who inspected the property in late June, told the board he found an addition under construction without a city permit and that he had notified the property owner, whom staff referred to as “Mr. Nichols.” "I will say that Mister Nichols has been very cooperative," Walter said, presenting photographs and field measurements that led staff to conclude the owner’s request matched conditions on the ground.
The public hearing drew a question from a commenter concerned about notice to adjacent homeowners. Tommy, a committee member, said the city typically mails letters for rezonings and special exceptions but not for variances: "Typically, we send letters out for rezonings and special exceptions, typically not for variances." Board members noted that one neighboring house sits on the property line, which limited options and helped shape their view of the request.
The property owner, identified in the hearing only by role as the applicant, told the board she had removed rotten wood from an existing covered porch and then rebuilt a room, extending the existing footprint by about two feet. "I took it down because the wood just was rotten and everything," the applicant said, describing the work as a replacement of an existing structure rather than a wholly new build.
Staff and members confirmed the change meant the structure moved closer to the lot line and that a variance was required. A committee member moved to approve the 3-foot side-setback variance; the motion was seconded by the chair and members voted in favor. The chair announced, "Motion passes." The board then closed the hearing, concluded business and adjourned.
The variance approval applies to the property at 178 Buena Vista Drive; the transcript does not record a roll-call tally of votes or a detailed written motion text beyond the board’s recorded approval. The record shows staff notified the property owner and measured the footprint, and the board approved the requested setback variance at the same meeting.
