Board approves side‑yard setback variance for 6605 NW 140 Fifth Street with conditions

The Board of Adjustments granted a variance for a side-yard setback at 6605 NW 140 Fifth Street, subject to conditions discussed at the hearing.

Attorney David Box (Box Law Group) told the board the request seeks relief from a 10-foot separation requirement; the presented survey showed the narrowest house-to-house distance is 8.08 feet. Box said the application does not implicate any utility easement.

Board members questioned timing and inspection procedures, asking whether the encroachment could have been found earlier during foundation or footing inspections. Several members recommended requiring gutters and routing roof runoff to the curb as a condition to protect neighboring property. Box agreed those measures could be implemented.

One board member asked staff to coordinate with Sarah Welch in the planning department to explore process changes—such as earlier surveying or permit-stage checks—that could reduce similar late-stage encroachment issues. Staff representatives said development services would need more manpower and that changes to inspection processes may require interdepartmental follow-up.

A motion to approve case number 15858 passed with the board’s stated condition that the variance meet statutory requirements and that the applicant obtain required consents and implement the modifications discussed.

The board’s action allows the applicant relief from the standard 10-foot separation in this instance but also prompted staff follow-up to explore process changes to reduce future occurrences.