Board amends conditions and affirms variance for after‑the‑fact accessory building
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Summary
The board removed conditions it could not legally enforce and affirmed a previously granted variance for an after‑the‑fact accessory building after the applicant’s representative clarified that requested letters from a utility easement holder do not exist and that homeowners association approval is on record.
The St. Tammany Parish Board of Adjustments clarified and affirmed a previously granted variance that allows an after‑the‑fact accessory building to remain 0.9 feet from the property line after a representative said some imposed conditions were legally impossible to meet.
Brian Larioso, representing the property owner, said the board’s earlier approval included two conditions requiring letters from a utility easement holder that, upon research, do not exist. Larioso said the easement referenced in the prior condition was a placeholder and that the homeowners association had provided a letter of no objection. “The conditions are, in fact, legally impossible because the utility easement here does not exist,” Larioso told the board.
Planning staff and counsel reminded the board that obtaining a variance under the parish code does not affect a third party’s servitude rights; a servitude holder could still assert its legal rights independently. Board members moved to approve the setback as requested and to remove conditions the applicant cannot legally satisfy; the motion carried and the applicant was instructed to apply for the required building permits and drainage plan with the parish.