100-year-old house can stay put

A 100-year-old house at 801 S. New Hampshire St. in Covington is apparently in violation of city setback regulations, but a variance has been granted. The home has only a 12.94-foot setback from the street when a 15-foot setback is required.

Julian Rodrigue, attorney for the property owner, told the Board of Adjustment Monday the streets may have changed names, but the house hasn’t moved in 100 years.

Rodrigue explained the house was built long before zoning codes were written and that, in effect, the non-conforming use of the structure setback violation was not created by the homeowner but by the city when codes were written.

“This is a classic case of where a variance is clearly in order,” said Rodrigue.

The homeowner did not change anything to violate the code, the city created the code that put the house in violation, he said.

The BOA granted the variance to the homeowner, allowing the 12.94-foot setback to stand, by a vote of 3-0.

In other business, the BOA is constructing a set of meeting rules. Various proposed rules were discussed, but no action could be taken because four members must be present.

The board is reviewing a revised application meant to clarify what constitutes the need for a variance from the BOA. Further discussion and action will also continue at the next BOA meeting Aug. 18 at 6 p.m. in the City Council Chambers, 222 Kirkland St.