Property Improvement requiring Zoning Variances

The April 5 Zoning Board meeting agenda included Public Hearings and Discussion for property owners wishing to invest in older properties that need improvements -- and while the board is usually amenable to the changes -- it takes time and resources to go through the process. What is exciting is that people care enough about their properties to invest in them and and improve them.... so kudos to them!

Public Hearings

Property Owners on Edgehill Drive want to replace an outdoor stair landing - increasing it by 6 inches, but because of the placement of the current building a setback variance of 5.5 feet is required. The variance was granted.

Property Owners on Dose Road, whose property is pie-shaped - requested a set-back variance of 11 feet 3 inches to build a pool deck with stairs. The Variance was granted.

DC Sports Renovation - 1630 Route 9. This project has been before the planning board several times, but the planning board discerned at the last meeting discussing this, that a Setback variance was required -- despite the existence of a pre-existing variance given to the prior owners, and that adjacent buildings are closer to the road than the structure under question. The footprint is not being expanded. When the zoning board members did their field trip (after requesting a "balloon test" to help imagine the height of the structure - which by the way will be approximately the same height as the castle and palm trees currently in place) -- the wind did not cooperate. After being guided by the Zoning Board secretary that they were crossing over into Planning Board territory with some concerns about screening and liability (the ZBA will write a recommendation to the planning board) -- the Board granted the setback variance to the applicant.... so now he can go back to the planning board.

Discussion

A new property owner of previously vacant buildings on Old State Road - whose project is also before the planning board - is requesting a variance to a requirement that in a mixed use zone, a minimum of 25% of the property is required to be commercial - the applicant is proposing 13%... to adapt one building into a residential space and an office space. Comment -- the use of percentages to determine the appropriate space for either residential or commercial seems very arbitrary -- why not minimum space as measured by square footage? 25% of 10,000 square feet is a very different number than 25% of 1,300 square feet -- and either could be wildly inappropriate for the intended use. Again, the ZBA members veered off into Planning Board territory a bit, but it is good to see that they are beginning to think through some of the implications.

The site visit is scheduled for April 20 with a public hearing on April 23.

A project to rehab a dormant property on Easter Road in Chelsea where a variance is required to provide access to a currently landlocked piece of property by creating a flagpole lot was reviewed. A neighbor is willing to sell a piece of property to enable a driveway to be built. A variance of 35 feet is required. The site visit is scheduled for April 20 with a public hearing on April 23rd.