Board of Zoning Appeals approves Conway variance to build garage at 851 Oakland Avenue

The Board of Zoning Appeals on July 13 unanimously approved a dimensional variance for Heather and Patrick Conway to extend a driveway and construct a garage at 851 Oakland Avenue.

City staff told the board the lot is about 50 feet wide, narrower than the code’s 65-foot reference; for lots under 65 feet the driveway setback must be 7% of lot width (about 3.5 feet for this property) under Section 22.53, and accessory-building foundations must be at least 5 feet from a lot line under Section 22.58. The Conways sought relief to allow a driveway extension of roughly 30–35 feet and a garage foundation and structure as close as 1 foot from the side lot line.

Applicant Patrick Conway said the proposal is intended to preserve a mature backyard tree and to avoid more extensive excavation and cost. “That actually used to be about an 80 or 90 year old chestnut tree that we had to drop,” Conway said, describing the neighborhood’s aging tree stock and the family’s reluctance to disturb roots. He added the design is intended to be minimal: “We’re trying to keep it as minimal as possible and use the length so we can park our jeeps in there so we can work on them,” explaining that enclosed parking would reduce winter street parking and maneuvering on the sidewalk.

Staff showed photos and a survey of the lot and noted the applicants’ existing driveway currently abuts the side lot line. Applicants said several nearby properties have garages and structures sited close to or on lot lines, reflecting older construction predating the current 5-foot foundation setback.

Board members questioned turning radius and compliance with code but repeatedly noted the neighborhood’s pattern of nonconforming setbacks and the lot’s substandard width. Board member Tim Nikic said older neighborhoods often contain similar tight drive arrangements and that removing street parking could have public-safety benefits. Chair Christy D'Angelo said she considered the lot’s narrow width and tree constraints to be “extraordinary circumstances” justifying relief.

After city staff read the four required findings for a dimensional variance, each board member affirmed the findings. Chair D'Angelo moved to approve the appeal; Timothy Reddick seconded. The vote was recorded as unanimous in favor, and the board granted the variance.

The board did not state additional conditions on the approval during the meeting. The applicants were told they could leave following the decision; the board then adjourned.