Board grants setback variance after applicant cites contractor permit errors

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Summary

The Board approved a variance reducing a side-yard setback from 25 to 10 feet for a structure on a 4.12-acre property at 16325 Bree Drive after the applicant said a builder failed to secure required permits, creating an unexpected financial burden.

The City of Central Board of Adjustments approved a variance to reduce the side-yard setback from 25 feet to 10 feet for a structure on a 4.12-acre property at 16325 Bree Drive.

Applicant Harris Reams told the board the structure was built based on inaccurate information and that the contractor had failed to obtain the correct building permit during construction. He said correcting the structure to comply with the full 25-foot setback would require demolishing part of the work and create an unexpected financial hardship.

Reams described steps he took after discovering the issue, including completing landscaping and attempting to obtain permits for remaining items. Board members asked whether the structure had utilities or drainage; Reams said the building was used only for storage of a vehicle and had electricity but no drains or sewage. Staff reported no complaints from neighbors on the public record.

A member of the board said the homeowner did not create the hardship and moved to approve the variance on that basis; another member seconded the motion. The board took a roll-call vote and approved the variance. Board staff instructed the applicant to follow up with permitting staff to regularize remaining code requirements.

The board’s approval applies only to the variance request for the existing structure; it does not change base zoning rules for other properties in the RA (Rural A) zone.