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After-the-fact 15-inch setback variance granted after contractor error, board says
Summary
The board granted an after-the-fact variance for a house built 15 inches beyond a 20-foot rear setback at 10973 Chesapeake Drive after the contractor error was documented and affected neighbors provided support; construction was halted when the discrepancy was discovered.
The Board of Appeals approved an after-the-fact variance on Nov. 6 to allow a reconstructed dwelling that was placed 15 inches beyond the required 20-foot rear setback at 10973 Chesapeake Drive.
Representative Jeffrey Toole explained inspectors required a location (wall-check) survey and that the contractor had placed the structure over the permit location: "It was determined that the contractor had erroneously placed the house ... 15 inches beyond the required 20 foot setback." Toole said construction was halted once the error was confirmed and that the applicants refiled for a variance rather than moving the building.
Staff confirmed public notice and said two directly affected rear neighbors had submitted letters of support. The board reviewed the criteria for an after-the-fact variance (practical difficulty, injury to public interest, minimum adjustment) and concluded the 15-inch reduction was the minimum necessary to avoid tearing down and relocating the house; the motion to grant the variance was approved, subject to completion of the county permitting and inspection process.
