Zoning Board of Examiners and Appeals Meeting Summary - September 11, 2026

The Zoning Board of Examiners and Appeals (ZBA) met on September 11, 2026, to consider a code change regarding dimensional variance criteria and a variance application for a residential property. The meeting included approval of previous minutes, a consent agenda, a disclosure, and a public hearing. All votes were unanimous.

Consent Calendar

• Minutes: Approved unanimously for the meeting of July 9, 2026.
• Resolutions 2026-009 and 2026-010: Approved as part of the consent agenda. One board member (absent for the July 9 meeting) abstained from voting on the consent agenda.

Disclosures

• Board member Jonathan Lang disclosed no financial interest in case 2026-0108 and asked to be recused. After discussion, the board voted unanimously to allow his participation, noting his survey company had no stake in the outcome.

Public Comments & Testimony

• Case 2026-0108 (Variance for 2301 Chandelar Drive):
  • One anonymous public comment was received in opposition, but staff noted it lacked specific merit beyond aesthetic concerns.
  • Niall Williams, a neighbor, testified in support via phone, stating the variance would cause no inconvenience and that requiring changes after 25 years would create hardship. He expressed support for private property rights and noted the applicant’s efforts.
• No public testimony was taken for the code change (case 2026-0076) as it was not a public hearing; future hearings are scheduled at the Planning and Zoning Commission and the Assembly.

Discussion Items

• Unfinished Business – Case 2026-0076: Code Change to Dimensional Variance Criteria:

  • Staff presented a proposal to amend three of eight approval criteria for dimensional variances (standards A, B, and G) and increase the minor modification threshold from 10% to 15% encroachment.
  • Statistics provided: minor modification fee $135; variance fees range from $710 (single-family) to $3,965 (commercial). Staff reviewed 10–11 years of variance applications and found average encroachment significantly above 15%, supporting the threshold increase.
  • Board discussed and supported removing a clause that would require the director to request a variance process if a minor modification was denied; staff agreed to strike that language.
  • Board member Jason Norris suggested the board formally recommend that the planning department review other dimensional standards (e.g., lot coverage), which have been unchanged for decades. This was noted as a finding rather than part of the motion.
  • Board member Jonathan Lang requested adding “construction errors” alongside “surveying errors” in standard A to cover builder mistakes. Staff agreed.
  • The board voted unanimously to recommend approval of the code change amendments to the Planning and Zoning Commission, with the understanding that the two amendments (removal of the director-clause and inclusion of construction errors) would be reflected in the memo to the commission.

• Public Hearing – Case 2026-0108: Variance for 1.3-Foot Side Setback Encroachment:

  • The applicant, Patrick Waringuez, requested a variance for an existing single-family residence at 2301 Chandelar Drive, which encroaches 1.3 feet into the required five-foot side setback. The structure was built in 1998 under permit 98-0558, but the permit was never closed out until 2020.
  • Staff found all eight variance standards substantially met. Key facts: the property has a 24% slope (extraordinary circumstance), the encroachment was not self-imposed (permit process oversight), no complaints from neighbors, and the variance represents minimum relief.
  • Lot coverage was discussed: with the carport excluded (as per code exceptions), total lot coverage is 36.14%, under the 40% maximum.
  • One anonymous public comment opposed the variance, citing house size and driveway width; staff noted the driveway was reduced to meet code.
  • The board unanimously approved the variance subject to two conditions listed on page four of the staff report.

Key Outcomes

• Case 2026-0076: Unanimous vote to recommend the code change amendments to the Planning and Zoning Commission (meeting November 21, 2026). The recommendation includes:
  • Increasing the minor modification threshold to 15%.
  • Broadening “extraordinary circumstances” to include “surveying or construction errors.”
  • Removing the clause that would require the director to initiate a variance process after a minor modification denial.
  • A board finding that the planning department should review other dimensional standards.
• Case 2026-0108: Unanimous vote to grant the variance for a 1.3-foot side setback encroachment, subject to staff conditions. The decision is appealable to Superior Court within 30 days.
• Next Meeting: The board will meet in October 2026; one board member noted absence for the next two meetings.