Board denies variances for unpermitted accessory structure at 2110 Kingsley Drive

The Mansfield Zoning Board of Adjustment denied multiple setback variances for an accessory structure at 2110 Kingsley Drive, voting 5-0 to reject the request.

Staff told the board the structure was built without a permit, measures roughly 11 feet at the tallest point and exceeds 200 square feet when the roofed patio is included, which triggers permit and setback requirements. Applicant Carlos DeStefano said site constraints — a retaining wall, a creek, and lack of usable rear yard — made it impracticable to place the structure behind the house and described a geotechnical review he said supported his position that the rear area could not be built on. "I do own an extra 20 feet, but I'm not allowed to build, to do anything in there," DeStefano said, noting the retaining wall and drainage limitations.

Neighbors urged denial on grounds of safety, engineering and enforcement. Donald Coonsie, who said he works in engineering, testified the building appeared unengineered and could present a wind hazard: "Because the building is so high, it's a wind hazard for the roof to come off." Resident Ashley Tucker, a realtor, said allowing an unpermitted structure to remain would undermine property values and consistent code enforcement. The board reviewed the ordinance criteria requiring a physical hardship unique to the lot and concluded the applicant had not met that standard; members placed a motion to deny and the motion passed 5-0.

Staff noted a permit application was in process and advised the applicant to work with code compliance and planning staff to determine whether modifications could bring the structure into compliance or whether removal would be required.