City of Madison v. Clarke

DUNN, Justice.

Defendants appeal from a judgment entered by the Fourth Judicial Circuit Court of South Dakota in favor of plaintiff City of Madison (City) upholding a determination by the City’s Board of Adjustment that defendants were not entitled to a zoning variance. We affirm.

Defendants applied for and received a building permit for a house. They did not apply for a permit to build a roofed patio or “carport.” The roof of the carport is three feet, four inches from the south boundary line of the property. The house is in a zoning area with a “side-yard” restriction that requires a space of…