5120 W. 44th Street - Variance for an Accessory Dwelling Unit

This variance was approved at Planning Commission on May 14, 2025.

The property owner is requesting a variance from the rear yard setback for the purpose of constructing an accessory dwelling unit (ADU) attached to the existing detached garage. The proposed ADU is located 5.5 feet from the rear property line. ADUs up to 18 feet in height (and not exceeding 1.5 stories) are required to meet a minimum 5-foot setback; however, ADUs between 18 and 25 feet in height or two stories are required to meet a minimum 12-foot setback. Since a portion of the ADU exceeds 18 feet in height and has a second story, a 12-foot rear yard setback for the entire structure is required. The portion of the ADU that is two stories is approximately 19 feet in height and is located 16 feet from the rear lot line. The portion of the building that is within the 12-foot setback is less than 18 feet in height and is only one story.