Quincy couple must tear down garage after City Council denies request for zoning variance

QUINCY — The Quincy City Council agreed with the Zoning Board of Appeals on Monday night and denied a request for zoning variance from a Quincy couple to build a garage on their property.

The Zoning Board of Appeals met Jan. 22 to deny Forrest and Kim Ashby’s request to build a detached two-car garage on his property at 3800 Stone Drive. 

Ashby has applied for and received a building permit on April 28, 2024, and it was signed by Michael Seaver, director of inspections. The proposed 24-feet-by-24-feet building was built within 25 feet of a street, a violation of city code. Ashby, however, went ahead with construction of the building, and an inspection of the property determined the building was within 10 feet of the street. A petition for the variance wasn’t filed with the city until Dec. 13, 2024.

Pete Keane, a neighbor of Ashby’s in Meadow Creek subdivision, wrote in a letter to the city and 5^th Ward alderman Glen Ebbing that he first contacted city officials in March 2024 when dirt was being moved, and concrete forms were set up on the Ashbys’ property. 

“Mr. Ashby proceeded to get the needed permits for construction, which I was told the city approved,” Keane wrote. “I was informed that the planning department reviewed his plans and said Mr. Ashby was compliant with city code for the building he had already started to build. Had the planning department done its due diligence, evaluated the plan and the site, including easements, it would have realized that the building was out of variance with city code and potentially ceased the project.”

The City Council first learned about the Ashbys’ garage at its Dec. 16 meeting.

Seaver said Monday night the city’s zoning and inspection department was not informed by the Ashbys that they had started construction of the building. He also said he didn’t know about the potential violation of city code until the Dec. 16 meeting.

Attorney Chris Scholz spoke on behalf of the Ashbys during Monday’s City Council meeting. He said the garage is only accessible from the street by the Ashbys and another dwelling across Meadow Lark Drive and has very little traffic.

“This is not because Mr. Ashby thought that he was above the ordinance or above the law or sought some type of political influence to get his way,” Scholz said. “He simply made a mistake, and the ordinance is designed to allow for variances. It does not change the character of the community. It does not have an adverse effect on anybody’s property. It’s a well-designed, looks good.

“The bottom line, and I don’t think anybody would really dispute this, is that there’s a general unwillingness to give forgiveness when permission was not requested. But I think a more important point was being made here by the speakers that we heard already (about housing issues in the city). You’ve heard this complaint-driven enforcement idea. Well, complaint-driven enforcement leads to selective enforcement. That’s a not a good way to manage your planning and development. Complaint-driven does not work, and that’s what happened here.”

Ebbing asked Seaver, “Here’s the permit. You’ve got it. You want to change it. Is there a process to change? Do they have to go back to inspection office to ask for a request to change?”

“Yes, we’d ask for a revised site plan that shows whatever the request is,” Seaver said.

“Was that request sent to you?” Ebbing asked.

Seaver said no.

Eric Entrup (R-2) asked Seaver if he believed anything was dropped between the zoning and inspections department and the planning and development department that let the situation “get too far.” Seaver said no.

“Reading through this, it just seemed like there was lack of communication,” Entrup said.

Corporation Counsel Bruce Alford said the aldermen could vote in favor of the variance because the garage was at the end of a cul de sac in a low traffic area. 

“(The Zoning Board of Appeals) does grant variances. They do not like variances that are asked for after the fact,” Alford said. “It would have been a different case, I think, in front of ZBA if this event had happened (before construction) instead of after the fact.”

Mike Rein (R-5) made a motion to approve the variance, but the motion died for a lack of a second. The City Council then voted 13-1 to agree with the denial of the variance, with Rein the only no vote.

Contacted at home later Monday night about his plan for the garage, Ashby said, “We’re going to rebuild it. We’ll just shift it and turn it.”

Seaver said after the meeting the demolition of the garage will come at Ashby’s expense.

“Otherwise, we may end up having to go to court to force the issue if they’re if they don’t comply,” he said. “We’ll give a reasonable amount of time. We don’t expect them to start the demo tomorrow, but what’s reasonable? Within a few weeks, probably. If that doesn’t happen or we don’t see them moving in that direction, then we’ll probably refer to legal or get it under a court’s jurisdiction to make sure it happens.”

EDITOR’S NOTE: Pete Keane did not address the Quincy City Council at its Dec. 16 meeting. Muddy River News incorrectly reported that in an earlier version of this story.