The Old Orchard Beach Board of Appeals approved a limited 6-inch variance to the 5-foot setback for a 120-square-foot shed at 32 Summit Street despite testimony from a neighbor alleging prior zoning violations by the property owner.
Pamela Chase, who identified herself as the owner of 1 B Street, told the board she and her husband had paid for legal counsel after a prior dispute and said the owner of 32 Summit had previously installed a fence and excavated part of their land. Chase described the excavation as removing "195 square feet, 585 cubic feet of our land" and said the party had refused to conduct a survey. She said this was the third zoning-related dispute involving the owner and asked the board to require corrective action.
Board members focused on whether the shed's overhanging eave created a practical difficulty tied to the lot's physical conditions. After reviewing inspection and permit history, members concluded the requested 6-inch relief did not create a threat to safety or neighboring property and that hardship arose from existing conditions, not actions by the current applicant. The motion to approve the variance passed on roll call.
Next steps: staff will record the variance and the applicant must ensure the structure and its permit compliance are documented in the registry.