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Board approves rear‑yard variance for 5604 South Magnolia to allow proposed house
Summary
The Board granted a single area variance to allow a proposed single‑family house at 5604 South Magnolia Avenue to have a 9'2" rear setback instead of the A‑district's 25' requirement, citing infill objectives and corner/lot constraints raised by the applicant.
The Board of Adjustment voted to approve a rear‑yard setback variance for 5604 South Magnolia Avenue on July 22, allowing the applicant to build with a 9'2" rear setback rather than the 25' required in the A‑district.
Andy Powers explained that the permit denial stemmed from the rear yard requirement; planning staff told the board that the property is in a medium‑intensity neighborhood and that the proposed infill aligns with strategic plans to increase density in appropriate locations. Appellant Nicholas Baldwin described the requested variance as limited to the garage area and said his design concentrates square footage on the first floor for buyers with mobility issues: “So the garage area is where we're just asking for there to be a 9 foot, variance,” he said, and added the main house footprint would remain compliant where possible.
Board members discussed whether the applicant had shown an unnecessary hardship. Several members concluded the corner‑lot layout and alley access produced practical difficulties for siting the garage and that approving the requested setback would reduce the need for more intrusive design changes. The motion to grant the single area variance carried in open session; the board recorded a finding that, as conditioned, the variance would not be a detriment to the neighborhood.
Provenance: staff presentation and appellant testimony for Appeal 20643 (topicintro: SEG 1234; topfinish: SEG 1470).
