Levesque Reasonable Accommodation Summary
135 Byron Court, ENT-2023-0058
Timeline/Activity:
October/November 2023: An unpermitted carport structure was built and brought to the City’s attention.
a. Construction was not fully complete; however, the entire structure and roof was built.
Property owners were notified that they needed to obtain City approvals. Between November 2023 and June 2024, Application filed. Subsequently, Staff visited the site multiple times and worked with the application to obtain all required plans and information to process the request.
a. Applicant initially agreed they would modify the structure’s roof to “square off” the overhang and comply with lot coverage requirements.
June 11, 2024: The Planning Commission approved a portion of the Reasonable Accommodation request to legalize nonpermitted carport structure, reducing the aggregate side yard setback, and denying the request to reduce the minimum 5-foot side setback, conditioning the structure be modified to ensure compliance with the minimum side setback requirement.
June 26, 2024: Applicant filed an appeal of the Planning Commission’s decision. March 3, 2025: City Council reviewed the appeal and continued the item, requesting additional information.
March 12, 2025: Chief Building Official and Senior Planner visited the site to review the structure’s construction methods, potential modifications, and confirm dimensions per Council’s request.
May 28, 2025: The property owners submitted a request to expand their Reasonable Accommodation request to exceed the maximum allowable lot coverage for the site from 30 percent to 30.4 percent to accommodate the non-conforming as-built carport structure.
Project Details:
Reasonable Accommodation request (three development standards):
a. For a reduced side setback along the northeastern most portion of the carport, including the support column, which is located 3 feet, 11 inches from the interior side property line, where a minimum five-foot setback is required; b. For an aggregate side setback of 11 feet, 8 inches where a minimum 15-foot aggregate setback is required;
c. To exceed the maximum allowable lot coverage for the site of 30% to 30.4% (excess of 52 square feet).
Carport Design:
a. Carport structure built in an irregular shape that measures approximately 32 feet wide (as measured from the face of the house to the furthest roof projection) and 25 feet deep (as measured from the roof surface).
b. Carport structure was constructed with four 6-inch-by-6-inch steel support posts (and an additional fifth temporary post at the southwest corner), wood framing, open sides, and a pitched roof.
c. Applicant chosen materials (steel posts extending 5 feet into concrete encasements, welded beam support brackets, and laminated wood cross beams) and design choice resulted in a more costly option that requires formal engineer signature and is more expensive to modify.
Summary of Planning Commission’s Decision:
The Reasonable Accommodation request is necessary to provide a covered parking area and path of travel to the house to accommodate the needs of a disabled resident of the home. The minimum required space to accommodate the needs of the disabled resident is 20 feet, as noted below:
a. 12-foot-wide parking space
b. 5-foot-wide loading/unloading area
c. 3-foot-long ramp from the house to the paved parking area The existing carport structure’s width of 22 feet is two feet wider than the 20 feet noted above, which indicates there is adequate space to maintain the five-foot setback. The Planning Commission concluded:
a. The non-conforming northeastern most post could be relocated 1 foot, 1 inch away from the property line to comply with the five-foot setback b. The Commission made the required findings to support the second request to reduce the aggregate setback requirement from 15 feet to 12 feet, 9 inches. c. The Commission did not make a decision on the Lot Coverage exceedance since it was not requested at that time.
i. Staff recommends denial of this new request, as it is not necessary to accommodate the disabled person and the project maintains adequate weather protection without the requested lot coverage exceeding the 30% cap.
City Council Action
On March 12, 2025, the Building Official concluded that modifications could be made to the structure, however, due to the applicant’s choice of materials (i.e. steel), an engineer’s drawings will be required to be submitted to obtain a Building Permit for the original structure as well as any modifications.