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Board approves Hurst variances for preexisting nonconforming home, allows 7‑foot encroachment
Summary
The BZA approved two variances for a Hurst property at 5320 West Orchard Drive — one recognizing a preexisting nonconforming residence and a related allowance for an accessory structure — with conditions limiting the addition's exterior wall alignment and permitting an eave no greater than the existing home.
Planning staff told the board that the Hurst property is a preexisting, nonconforming residence and that any expansion requires a front‑yard variance. Staff recommended approval of VAR‑26‑26 A (recognition of the nonconforming condition) and denial of VAR‑26‑26 B (the accessory/addition) unless the petitioner redesigned or relocated the addition to meet the setback. Petitioner Paul Hurst testified he needs an attached or in‑line addition for functional reasons and that moving an addition would place it over the septic or create drainage problems.
Board members discussed alternative plans prepared by staff and settled on a conditional approval: both VAR‑26‑26 A and VAR‑26‑26 B were approved with a specific allowance of up to a 7‑foot front‑setback encroachment measured from the exterior wall, and with the condition that the new exterior wall be flush with the existing residence; eave overhang may match the existing eave but the structural exterior wall must align. The motion passed 4–0. The board noted the petitioner must secure the appropriate building permits and that any addition to a nonconforming structure still triggers variance requirements.
