Zoning Board Faces Tough Decision on Controversial Home Variance

During a recent government meeting, a proposal to reduce the aggregate side yard setback for a residential property in the Urban Village Residential Zoning District was discussed. The current requirement is a total of 15 feet, but the proposed plan only meets 10.4 feet with two side yard setbacks of 5 feet and 5.4 feet.

City staff reviewed the proposal and determined that it would not negatively impact the health or safety of the neighborhood or property values of nearby lots. However, they could not confirm that the homeowner faced an unnecessary hardship, as they could not justify why the house could not be designed to fit within the zoning requirements.

The discussion also touched on the presence of a floodplain at the back of the property, which complicates the design options. The petitioner, John Noble, explained that the design constraints were due to the floodplain and the layout of neighboring properties. He expressed a desire to build a house that would accommodate an in-law suite and a main floor bedroom, but acknowledged that the current design might not comply with the zoning laws.

Noble mentioned discrepancies between two surveys of the property, which led to confusion about the lot's dimensions. He argued that the original plat provided by the town indicated that a house could be built within the zoning requirements. However, city officials pointed out that the recent survey submitted did not align with the recorded plat, leading to the current setback issues.

The board members expressed empathy for Noble's situation but reiterated the importance of adhering to zoning regulations. They noted that many homes in the area exceed the required setbacks, but each case must be evaluated on its own merits.

As the meeting concluded, it was clear that further discussions would be necessary to resolve the discrepancies and find a solution that meets both the homeowner's needs and the zoning requirements.