Table of Contents of Zoning Board of Adjustment Minutes on Essex Junction Web Site
This page last updated
08/01/08
Minutes subject to correction by the Essex Junction Zoning Board of Adjustment. Changes, if any, will be recorded in the Minutes of the next meeting of the Zoning Board of Adjustment.
VILLAGE OF ESSEX JUNCTION
ZONING BOARD OF ADJUSTMENT
MINUTES OF MEETING
July 15, 2008
MEMBERS PRESENT: Tom Weaver (Chairman); Ron Gauthier, Jim Moody, Mary Gauthier. (Bruce Murdough was absent.)
ADMINISTRATION: Jeff Arango, Development Director.
1. CALL TO ORDER and AUDIENCE FOR VISITORS
Chairman Tom Weaver called the meeting to order at 7 p.m. There were no comments from the public. The Board noted with regret that this is Jeff Arangos last Zoning Board meeting. Best wishes were extended to Mr. Arango in his move to the west coast.
2. ADDITIONS/AMENDMENTS TO AGENDA
None.
3. MINUTES
June 17, 2008
MOTION by Ron Gauthier, SECOND by Mary Gauthier, to approve the 6/17/08 as written. VOTING: 4 ayes; motion carried
4. PUBLIC HEARING
The function of the Zoning Board as a quasi-judicial board and the hearing procedure were explained. Individuals to give testimony before the Board were sworn in.
Variance application for relief of five feet from the side yard setback for a 12x 21 addition to an existing garage at 14 Upland Road in the R-1 District by Kevin Joyce, owner
Kevin Joyce appeared on behalf of the application.
STAFF REPORT
Jeff Arango explained the request for a 5 variance for relief from the minimum side yard setback of eight feet in the R-1 District for a 12x 21 addition to an existing single car garage. The proposed two-car garage will be 26 wide and three feet from the side yard so a variance of five feet is needed. Most of the houses in the district have one-car garages.
APPLICANT COMMENTS
Kevin Joyce explained the house chimney is along the side wall of the garage and extends two feet into the existing garage space. The proposed structure will be a two-car garage. It is expected there will be two cars at the residence. Mr. Joyce said he asked the builder about the minimum size needed for a workable two-car garage. The builder indicated with two small cars adding 10 to the existing garage will work, but there would not be room on the side for tools and storage. Mr. Joyce asked if the garage can be deeper than 21. Tom Weaver stated up to 40% lot coverage is allowed in the district. A typical garage is 24 deep. There will be one big garage door in the middle of the structure.
PUBLIC COMMENT
There were no comments.
MOTION by Mary Gauthier, SECOND by Jim Moody, to close the public portion of the variance application for a garage at 14 Upland Road. VOTING: 4 ayes; motion carried.
DELIBERATION/DECISION
Variance, Garage, 14 Upland Road, Joyce
FINDINGS OF FACT:
1. The project site is located at 14 Upland Road in the R-1 District and has a lot size of 10,625 s.f.
2. Minimum lot size in the R-1 District is 15,000 s.f. Therefore the lot is a pre-existing nonconforming small lot.
3. The minimum side yard setback in the R-1 District is eight feet.
4. The proposed garage addition is 12 wide by 21 deep.
5. The proposed attached two-car garage is 26 wide and 21 deep.
6. The proposed garage addition will be three feet from the side property line.
7. There is a chimney that extends into the existing garage by two feet making the clearance of the 12x 21 existing garage effectively ten feet.
8. There are other existing garages in the neighborhood which have been granted variances to encroach into the side yard setback.
9. The applicant does not intend to increase the curb cut, but will add an additional 12 wide paved area to the existing driveway.
10. The applicant has requested a variance of five feet from the minimum side yard setback of eight feet in the R-1 District.
11. A reduction of two feet in the requested variance would still allow a reasonable use of the property.
12. The proposed addition cannot encroach more than three feet into the side yard setback.
13. The depth of the addition can be up to 30.
14. There was no public comment for or against the application.
CONCLUSION:
1. Findings #1-#14 satisfy the variance criteria of Section 1703.C (1-6), and further, Criterion 5 is specifically satisfied by Findings #11, #12, & #13.
MOTION by Mary Gauthier, SECOND by Ron Gauthier, based on the Findings and Conclusion to grant a variance of three feet from the side yard setback for an addition to the existing garage at 14 Upland Road. VOTING: 4 ayes; motion carried.
5. OTHER BUSINESS
None.
6. ADJOURNMENT
MOTION by Ron Gauthier, SECOND by Jim Moody, to adjourn the meeting. VOTING: 4 ayes; motion carried.
The meeting was adjourned at 7:40 p.m.
RScty: M.E. Riordan
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