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Board approves 1.18-foot setback variance for 1 Onyx Lane
Summary
A local board approved a variance allowing a portion of a house at 1 Onyx Lane to remain 18.82 feet from the side property line — 1.18 feet short of the 20-foot requirement — after staff recommended approval and the applicant explained a survey error tied to a neighbor’s fence.
A local board voted to approve a setback variance for 1 Onyx Lane after a staff presentation and testimony from the applicant’s representative.
City planner James Newman told the board the property is zoned Old Town mixed-use commercial adjacent to Old Town residential and that the required side setback is 20 feet. The structure was measured at 18.82 feet along one corner, a shortfall of 1.18 feet (about 14 inches). Newman reviewed the four variance criteria, said there was no known harm to adjacent properties and recommended approval to avoid demolishing and reconstructing the wall, which could create a structural hazard.
David Ellis, sworn in as the applicant’s representative for Zales Construction, said the contractor had measured from a neighboring fence that slightly encroached onto the applicant’s property. "We thought that the front and back were both over that 20," Ellis said. "But I guess her fence might cheat a little bit...that's where we lost a foot and 0.5 on the backside." He described the discrepancy as a measurement and survey issue discovered after construction.
The board recessed for deliberations and then returned to session. A motion to approve the variance "as applied for and presented through the staff report and the applicants" was moved, seconded and approved by voice vote. Members recorded the vote as in favor and the chair declared the motion passed.
Staff told the applicant they would follow up the next day to complete any administrative steps. No further conditions or mitigation measures were recorded in the transcript; staff and the applicant were to coordinate next steps.
