Follow-Up On Questions Raised During Board Of Zoning Appeals Discussion On Ballard Road Driveway Extension Variance Application

Back in December, the Board of Zoning Appeals took up a variance request for a driveway extension on Ballard Road. They eventually denied this request.

During the discussion, there were a number of issues raised, and I ended up reaching out to Inspections Supervisor Kurt Craanen with some questions which he very helpfully answered.

WAS THERE A NON-CONFORMING SHED ON BALLARD ROAD THAT THE INSPECTIONS DEPARTMENT WAS CHOSING TO IGNORE?

First during the meeting, the neighbor of the variance applicant indicated that there was a property on Ballard that had a shed that was over 100 square feet in size but when this was brought to the attention of the Inspections Department, the Inspections Department decided not to enforce the requirement that it have a concrete slab foundation. This representation was not accurate.

Per Inspections Supervisor Craanen the property owner received a permit for a 8’x12’, 98 square foot, shed. The shed that was installed ended up being 10’x12’ which is 120 square feet and it did not pass inspection due to the lack of a concrete slab as well as electrical issues unrelated to the size of the shed. The permit is currently still open and valid for a year. Additionally, a notice of non-compliance was issued on 12/23/2024 and the owner has until 04/30/2025 to bring the shed into compliance.

WHY WAS THE “BREEZEWAY” CONSIDERED PART OF THE HOUSE AND NOT PART OF THE GARAGE?

During the Board of Zoning Appeals meeting, the homeowner had argued that the breezeway should be considered part of the garage not part of the residence.  Per Inspections Supervisor Craanen, the breezeway is not being used as a garage and is considered by the City Assessor’s Office to be an Enclosed Mason Porch.

COULD THE BREEZEWAY BE TURNED INTO A GARAGE?

During the Board of Zoning Appeals meeting, the homeowner had briefly mentioned the possibility of turning the breezeway into a garage by installing a garage door on it. Per Inspections Supervisor Craanen, this would be an option. “They would submit a permit application and a plan. The plan would need to meet UDC [Uniform Dwelling Code] standards. For example, the new garage space would need a one-hour fire separation between the new garage space and the living area (SPS 321.08).  Again, garage area is regulated by the UDC.”