Board denies setback variance request for Magnolia Avenue cottage conversion

Lisa Reagan asked the board to reclassify an existing garage‑turned‑cottage on Magnolia Avenue as a single‑family home and to reduce required setbacks. She said the building was erected in 1997 and was permitted as an accessory structure during an earlier building process.

Staff explained the legal trigger: a garage used as an accessory structure has different setback rules than a primary residence. Once a building contains a kitchen and functions as a primary dwelling, it must meet primary structure setbacks unless a variance is granted. Board members questioned whether the applicant had in fact created a full kitchen and emphasized that variances to physical structures typically run with the land.

Members noted four variance criteria the applicant must meet: uniqueness of the property, a singular disadvantage, inability to have reasonable use without the variance, and that the applicant did not cause the disadvantage. Several board members said they did not see a singular disadvantage or uniqueness that would justify a variance; they expressed concern a variance for a permanent structure would allow future owners to expand or otherwise alter the property to the detriment of neighbors.

After discussion the board voted to deny the variance. The board noted the applicant may proceed with her approved primary residence permit or seek other compliance paths; staff advised the applicant that an extension on the existing building permit may be available.

Action: Motion to deny PZB2025‑0079 (request to reduce side and rear setbacks for a change of use to a primary residence). Vote: 4–1 (Charles Pappas voted no; Ashley Barnes, Susan Johns, Carl Blow and Christina Tucker voted yes to deny).

Why it matters: Denial preserves the city's standard setback requirements for primary residences and underscores the board's reluctance to grant variances that may permanently alter lot development rights.