One thing we have learned from this remodeling process is every detail matters. We have spent many hours talking about window placements, lighting locations, number of outlets, etc. But nothing has taken more time than the 2.4 inches on the east side of our house.
We learned during our design process that our house sits lopsided on our lot. On the west side, the exterior wall is set 4.2 feet from the property line. On the east side, the exterior wall sits 3.8 feet from the property line. The city requires a minimum set back of 4 feet from the side property lines. The non-compliant side of our house is on the street side of our corner lot. Heading east from our house, you would need to cross a sidewalk, a 4 foot grass boulevard, a street, another 4 foot grass boulevard and another sidewalk. Yet the .2 feet, or 2.4 inches, could be a no-go for the construction project. Since we were too close (about the length of my thumb) to the street, we needed to ask the city for special permission to build.
Our contractor didn't think it was going to be a big issue and we continued with the design process. In a chicken and egg situation, we had to have the finished design and construction plan before we could apply for the variance. But no construction can happen until the variance is approved.
The process involved three steps.
1. Variance Application
There is a long application that goes to the Board of Zoning Appeals (BZA), where we had to establish that we meet 6 requirements for variance approval. This is a little boring and full of legal jargon, so feel free to skip ahead. (Bold=BZA application questions, Italics=our response)
2. Pay the fee
The application required a "processing fee." This fee was enough to pay for a good portion of the flooring of our new addition. It was an annoying cost, that has nothing really to show for it, but a necessary hoop nevertheless. In the confusion of life and paperwork, we failed to sign the check and got a call from the BZA. I'm sure they thought we were trying to pull something to hang on to our money and delay cashing the check. But in reality it was just a simple mistake. Jeff had to drive down to the courthouse and sign the check.
3. BZA Hearing
The coup de gras of this process was the Board of Zoning Appeals public hearing. We received a summons in the mail requesting our presence at the hearing. In this summons, there was also a packet that included a hearing agenda and a copy of the paperwork about our project. We also got the same letter that every neighbor in the proximity of our house received announcing the hearing. That letter said they can speak in support or opposition to the variance request at the hearing. I remember receiving a similar letter a few years ago when there was a tear down and rebuild down the block. When we applied for the variance, I assumed it was a formality that we didn't really need to attend. But in big bold letters at the end of the agenda it said, "APPLICANT: You or your representative should attend this meeting to answer any questions the Board may have."
The hearing was on Monday at 3pm. I prepared some notes about what I would say on behalf of our project. I left work early and picked up my 8-year-old from school early, since I would miss his bus coming home. On our way to the courthouse downtown, my son asked me many questions, mostly wondering if there would be criminals at the hearing. He wasn't worried so much as just fascinated about the idea of being in a courthouse. We parked and walked through the entrance, went through security. I had a spoon in my bag from lunch and the security guard said it's fine as long as it isn't a fork or knife. I also had to take off my boots to make sure that I wasn't hiding anything. This added to Le's narrative that we were entering somewhere dangerous. Little did he know we were about to sit through an hour of people arguing about parking spaces.
The main floor of the courthouse looks like the Ministry of Magic. I would love to spend more time just looking at the building, but we had business to attend to.
We made it to the 3rd floor in a really cool brass Art Deco elevator. The court room had a panel in a semicircle for the board and several rows for benches for spectators. In the center of the room was a table with a chair facing the board. This is for anyone who wanted to speak at the hearing.
We made ourselves comfortable and waited. We were fourth on the agenda and I promised Le that we would find a vending machine and get some snacks. I didn't want to leave the courtroom since I wasn't sure how long it would take to get to us. So, we listened to a housing developer speaking on behalf of his request for 9 building and parking variances on a busy corner in an up-and-coming neighborhood. He was followed by six neighbors who spoke in opposition, with arguments about increased traffic, lack of parking, lack of space for snowbanks in the parking lot, etc. Then we listened to an older woman speak about how she wanted to adapt her house to be more handicap accessible so she and her husband can "age in place." By the time we got to the third person on the agenda, Le was done reading his book, finished his math homework and had drawn a bunch of pictures of NASA rockets. One person to go and the applicant was grilled with questions by the board about his request to allow for parking in the front of his proposed duplex instead of the rear. They tabled their decision until the next month's hearing. Finally it was our turn.
I took the hot seat with my notes and google street view images in hand. A person from the BZA went through a powerpoint presentation about our property, project plan and our variance request. He showed pictures of our property that judging by the size of the melting snow banks, were probably taken in the previous week. He showed images of other houses on our block and stated that our project plan was in harmony with the look of our neighborhood. He then said that he recommends approving the variance. The board chair asked if I had anything to add. I responded to her that our remodel mostly consists of shed dormers that are set further from the property line than the existing wall. I pointed out that the only noncompliant wall that is being constructed is just a replacement of the second story wall that already exists.
She then asked Le if he is getting a new bedroom. He nervously said yes. I lighthearted added that his bedroom is on the noncompliant side of the house. She moved to vote and the board unanimously voted to approve our variance request. We headed to the basement of the courthouse and Le got his much deserved snack from the vending machine.
Our 2.4 inches was no longer a problem. We could now move forward with the project.
Next step is getting everything prepped for the construction...
The noncompliant side of the house.
We learned during our design process that our house sits lopsided on our lot. On the west side, the exterior wall is set 4.2 feet from the property line. On the east side, the exterior wall sits 3.8 feet from the property line. The city requires a minimum set back of 4 feet from the side property lines. The non-compliant side of our house is on the street side of our corner lot. Heading east from our house, you would need to cross a sidewalk, a 4 foot grass boulevard, a street, another 4 foot grass boulevard and another sidewalk. Yet the .2 feet, or 2.4 inches, could be a no-go for the construction project. Since we were too close (about the length of my thumb) to the street, we needed to ask the city for special permission to build.
Our contractor didn't think it was going to be a big issue and we continued with the design process. In a chicken and egg situation, we had to have the finished design and construction plan before we could apply for the variance. But no construction can happen until the variance is approved.
The process involved three steps.
1. Variance Application
There is a long application that goes to the Board of Zoning Appeals (BZA), where we had to establish that we meet 6 requirements for variance approval. This is a little boring and full of legal jargon, so feel free to skip ahead. (Bold=BZA application questions, Italics=our response)
Project Details:
The
project involves building a new 2nd floor attic remodel onto a
residential home that includes 3 bedrooms, a bathroom and a commons
area. The project does not change the existing footprint of the house,
which was originally constructed in 1946. Construction will be completed
by ----- Building & Remodeling, Inc.
Please
note the attached site plan and plat survey. In addition, we have
provided the full design plans for the 2nd floor remodel, including
elevations and floor plans drawn to scale.
Why a Variance is Needed:
Due
to the narrow lot size and the current non-compliant setbacks on both
sides of the house, a variance is required prior to obtaining a building
permit. The request is for a minor variance because it involves a
one-family detached dwelling pertaining to an addition to the main
building, which is not designed to convert the building for use by more
than one family.
The project meets all 6 of the BZA’s required findings, as follows:
1. The variance is in harmony with the general purposes and intent of the zoning code:
The
variance is in harmony with the general purposes and intent of the
zoning code for area R4, which consists predominantly of low-density,
one-family dwellings that are residential in nature and are not intended
for more intensive uses such as small conference centers, private
retreat centers and reception houses. The project will keep the house
consistent with these uses.
2. The variance is consistent with the comprehensive plan:
The
variance is consistent with the comprehensive plan as the house is
located in an “established neighborhood” where the City of ------’s
comprehensive plan states that the principle activity should be housing
rehabilitation.
3.
The applicant has established that there are practical difficulties in
complying with the provision and that the property owner proposes to use
the property in a reasonable manner not permitted by the provision.
Economic considerations alone do not constitute practical difficulties:
The
proposed 2nd floor remodel allows for an improvement to the property
without enlarging the existing footprint of the home. The project
involves practical difficulties in complying with existing setback
provisions because the original lot configuration and setbacks don’t
comply with current zoning requirements due to the narrow lot size. We
consider the proposed improvement to the property to be reasonable as it
(1) improves the appeal of the neighborhood, (2) increases property
value and property tax revenue for the City of ------, and (3) stays
within the existing footprint of the original build.
4. The plight of the landowner is due to circumstances unique to the property not created by the landowner:
The
house was originally constructed in 1946, prior to the establishment of
current setback provisions. The original lot configuration was narrow
and resulted in setbacks that don’t comply with current zoning
requirements. Therefore, the circumstances requiring the variance are
unique to the property and were not created by the landowner.
5. The variance will not permit any use that is not allowed in the zoning district where the affected land is located:
The
variance does not create or require a use that is not allowed in zoning
district R4 where the property is located. Per the City of ------,
zoning districts R1-R4 are not intended for more intensive uses such as
small conference centers, private retreat centers and reception houses.
The proposed 2nd floor remodel does not create or require any of these
uses.
6. The variance will not alter the essential character of the surrounding area:
The
2nd floor remodel was specifically designed to be consistent with the
historic character of the neighborhood and to enhance the residential
appeal of the neighborhood. We strongly believe that a variance would
not alter the essential character of the surrounding area.
2. Pay the fee
The application required a "processing fee." This fee was enough to pay for a good portion of the flooring of our new addition. It was an annoying cost, that has nothing really to show for it, but a necessary hoop nevertheless. In the confusion of life and paperwork, we failed to sign the check and got a call from the BZA. I'm sure they thought we were trying to pull something to hang on to our money and delay cashing the check. But in reality it was just a simple mistake. Jeff had to drive down to the courthouse and sign the check.
3. BZA Hearing
The coup de gras of this process was the Board of Zoning Appeals public hearing. We received a summons in the mail requesting our presence at the hearing. In this summons, there was also a packet that included a hearing agenda and a copy of the paperwork about our project. We also got the same letter that every neighbor in the proximity of our house received announcing the hearing. That letter said they can speak in support or opposition to the variance request at the hearing. I remember receiving a similar letter a few years ago when there was a tear down and rebuild down the block. When we applied for the variance, I assumed it was a formality that we didn't really need to attend. But in big bold letters at the end of the agenda it said, "APPLICANT: You or your representative should attend this meeting to answer any questions the Board may have."
The hearing was on Monday at 3pm. I prepared some notes about what I would say on behalf of our project. I left work early and picked up my 8-year-old from school early, since I would miss his bus coming home. On our way to the courthouse downtown, my son asked me many questions, mostly wondering if there would be criminals at the hearing. He wasn't worried so much as just fascinated about the idea of being in a courthouse. We parked and walked through the entrance, went through security. I had a spoon in my bag from lunch and the security guard said it's fine as long as it isn't a fork or knife. I also had to take off my boots to make sure that I wasn't hiding anything. This added to Le's narrative that we were entering somewhere dangerous. Little did he know we were about to sit through an hour of people arguing about parking spaces.
The main floor of the courthouse looks like the Ministry of Magic. I would love to spend more time just looking at the building, but we had business to attend to.
We made it to the 3rd floor in a really cool brass Art Deco elevator. The court room had a panel in a semicircle for the board and several rows for benches for spectators. In the center of the room was a table with a chair facing the board. This is for anyone who wanted to speak at the hearing.
We made ourselves comfortable and waited. We were fourth on the agenda and I promised Le that we would find a vending machine and get some snacks. I didn't want to leave the courtroom since I wasn't sure how long it would take to get to us. So, we listened to a housing developer speaking on behalf of his request for 9 building and parking variances on a busy corner in an up-and-coming neighborhood. He was followed by six neighbors who spoke in opposition, with arguments about increased traffic, lack of parking, lack of space for snowbanks in the parking lot, etc. Then we listened to an older woman speak about how she wanted to adapt her house to be more handicap accessible so she and her husband can "age in place." By the time we got to the third person on the agenda, Le was done reading his book, finished his math homework and had drawn a bunch of pictures of NASA rockets. One person to go and the applicant was grilled with questions by the board about his request to allow for parking in the front of his proposed duplex instead of the rear. They tabled their decision until the next month's hearing. Finally it was our turn.
I took the hot seat with my notes and google street view images in hand. A person from the BZA went through a powerpoint presentation about our property, project plan and our variance request. He showed pictures of our property that judging by the size of the melting snow banks, were probably taken in the previous week. He showed images of other houses on our block and stated that our project plan was in harmony with the look of our neighborhood. He then said that he recommends approving the variance. The board chair asked if I had anything to add. I responded to her that our remodel mostly consists of shed dormers that are set further from the property line than the existing wall. I pointed out that the only noncompliant wall that is being constructed is just a replacement of the second story wall that already exists.
The wall with the second floor window is the only noncompliant piece of the plan.
She then asked Le if he is getting a new bedroom. He nervously said yes. I lighthearted added that his bedroom is on the noncompliant side of the house. She moved to vote and the board unanimously voted to approve our variance request. We headed to the basement of the courthouse and Le got his much deserved snack from the vending machine.
Our 2.4 inches was no longer a problem. We could now move forward with the project.
Next step is getting everything prepped for the construction...
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