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ZBA grants side-yard setback reduction to permit new home at 438 N. Martin Luther King Jr. Blvd
Summary
The board approved ZBA26030013, allowing a reduced side-yard setback to proceed with construction of a single-family house at 438 N. Martin Luther King Jr. Boulevard after staff explained the right-of-way and applicants described lot maintenance and drainage work.
The Zoning Board approved a side-yard setback variance for 438 North Martin Luther King Jr. Boulevard (ZBA26030013), allowing the property owner to build a new single-family residence despite an adjacent unimproved city right-of-way.
Planner June explained the property faces an old platted street that was never constructed and noted the city still owns the right-of-way. The staff presentation said 48 notices went out and no returns opposed the request; staff did not object. Developer and property representative Victor Reyes described his years of maintenance and clearing of the lot and said he was asking for relief because the historic plat shows the unimproved street and existing mature trees and drainage features. "We decide to build this house," Reyes told the board and described efforts to clean drainage and repair the area's stone drain.
After staff explanation and Mr. Reyes' answers to clarifying questions, a motion to close and approve the case passed (board vote recorded as 8 in favor, 1 opposed). Staff noted that utility easement placement and any future street construction could require coordination with franchise utilities but said those are typical conditions associated with such approvals.
Actions: Board closed public hearing and approved ZBA26030013 (motion carried 8–1).
