Zoning Board of Adjustment

CITY OF LACONIA ZONING BOARD OF ADJUSTMENT NOTICE OF PUBLIC HEARING Monday, August 21, 2017 Conference Room 200A Accepted 9/18/2017 8/21/2017 - Minutes 1. CALL TO ORDER Chair S. Bogert called the meeting to order 7:01 PM 2. ROLL CALL Staff R. Mora conducted roll call with the following present R. Maheu, M. Foote, and Chair S. Bogert. Not in attendance S. Perley and O. Gibbs. 3. RECORDING SECRETARY Robert Mora 4. STAFF IN ATTENDANCE Staff in attendance Brandee Loughlin Assistant Planning Director and Robert Mora Zoning Technician. 5. ACCEPTANCE OF MINUTES FROM PREVIOUS MEETINGS Chair S. Bogert makes an announcement that there are only three members from the board in attendance. If an application is to pass it must have all three votes in the affirmative. S. Bogert then asks all applicants if they wish to proceed to be continued to the following meeting. All Applicants state that they wish to proceed with the three member board. 5.I. 7:00 PM Minutes From July Meeting (PDF) R. Maheu motioned to accept minutes from July 21, 2017 meeting as they were presented. M. Foote seconds motion to accept minutes. All voted in favor 3-0 6. EXTENSIONS No extensions were on Agenda. 7. CONTINUED PUBLIC HEARINGS, CONSIDERATION AND POSSIBLE VOTE Note: The Purpose Of This Agenda Section Is For The Board To Continue The Public Hearing For The Applicant And The Public To Provide Input. The Board May Also Deliberate The Application, Decide And Conduct A Final Vote At This Time. No continued public hearings. 8. PUBLIC HEARINGS, POSSIBLE CONSIDERATION AND VOTE Note: The Purpose Of This Agenda Section Is For The Board To Have A Presentation From The Applicant And Open A Public Hearing For The Public To Provide Input. The Board May Also Deliberate The Application, Decide And Conduct A Final Vote At This Time. 8.I. 7:00 PM 341 Mile Hill Rd ZO2017-0018 Applicant Jeffrey Mudget, discusses that he would like to turn an attached carport on the front of his property into a garage. Garage will be extended out 3 feet in the front and 2 feet on the side. Applicant continues on and states that years ago Mile Hill Road was moved for the construction of a by-pass, and that there is plenty of property in the front of the house.  Applicant Jeffrey Mudget, discusses that he would like to turn an attached carport on the front of his property into a garage. Garage will be extended out 3 feet in the front and 2 feet on the side. Applicant continues on and states that years ago Mile Hill Road was moved for the construction of a by-pass, and that there is plenty of property in the front of the house. Chair. S. Bogert, asks whether there will be a second floor to the garage or any other function to the garage. Applicant states that there will not be a second floor to the garage, and that it would only be used as a garage. M. Foote asks whether the garage will have an inside entrance to the main house. Applicant describes door locations on the garage and personnel door on the side, with a fire door on the inside leading into the house. Chair S. Bogert opens application to the Public at 7:09 PM No one from the public wished to speak for or against the application. Chair S. Bogert closes application to the Public at 7:10 PM Board Discussion Board discusses that since the road has been moved the houses are fairly far away from the road now. Also that they don't believe the creation of the garage will have any impact. R. Maheu motions to accept application ZO2017-0018 for a variance to build a garage within the 25 foot front set back. l The front setback abuts city land which is the right of way for Mile Hill Road. When the by- pass was built in the 1960’s/1970’s, Mile Hill Road was moved further away from this property making the right of way very wide at this property. While this expansion will encroach into the front setback, the proposed garage will still be very far away from the actual road, so it will look like there is adequate front setback. l The garage will not encroach upon any other private property. Further if they cannot have the variance for the depth of the proposed garage, they will not be able to build the garage. l The property at 349 Mile Hill Road, which abuts this property, was given a variance to add an addition within the side setbacks. l By allowing this variance it will add value to the property by building a garage that will be aesthetically pleasing to the neighborhood. l The footprint of the current carport is not deep enough to be an enclosed garage, so without the variance, they would not be able to build a garage. M. Foote seconds the motion to accept the variance. Chair S. Bogert calls for a vote. All voted in favor 3-0. 8.II. 7:00 PM 17 Cedar St ZO2017-0019 Applicant David Richardson, explains that he would like to build a shed structure on the property line between his property and the neighbors property so that he can work on home projects. Chair S. Bogert, asks what special conditions there are that the building must be built on the property line. Applicant, states that he spoke with the neighbor and his wife and they had no issue with it since they work on projects together. Chair S. Bogert asks what the shed on the property is used for.  Applicant, states that he spoke with the neighbor and his wife and they had no issue with it since they work on projects together. Chair S. Bogert asks what the shed on the property is used for. Applicant, states that he just uses it to keep his lawn equipment in. Chair S. Bogert, asks if the structure needs to be as large as the drawings as it is approximately half the size of the house. R. Maheu, asks what kind of hobbies the structure will be used for. Applicant, states that mostly wood work will be completed and some machining. M. Foote, asks why it can't be moved and rotated to the back of the property so that the variance would not be needed. Applicant, states that they just built a fence and that his wife did some decorating in the back yard. M. Foote asks if there will be a foundation. Applicant states that it will be built on sonotubes. Chair S. Bogert, states that he does not see a hardship that is pushing the structure to be placed on the property line, and that it is a rather large structure, 384 SF. Board discusses shed requirements with B. Loughlin. Chair S. Bogert opens the application to the Public at 7:22 PM No one from the public wished to speak for or against the application. One letter was received by the board stating that they support the construction of the building. Chair S. Bogert closed the application to the Public at 7:23 PM Board Discussion Board discusses that there is a problem with no hardship. That the structure could be moved so that a variance would not be needed. Board is also concerned with a structure being built right on the property line as it densifies the area. M. Foote motions to deny application ZO2017-0019 for a variance to build a structure on the property line within the 10 foot side setbacks for the following reasons. l Would densify the neighborhood. l The spirit of the ordinance is to be able to move around buildings and a reasonable space between neighbors. l There is still an ability to build the structure of the size requested on the property without the need for a variance. l Possibly reduction of property values due to having a structure placed directly on the property line. l There was no observed hardship for the variance. R. Maheu seconds the motion to deny the variance. Chair S. Bogert calls for a vote. All voted in favor of denial 3-0. 8.III. 7:00 PM 24 Simpson Ave ZO2017-0020 Applicant Brian Rillahan, applicant discusses that he already had a variance in order to build the dormers and didn't realize that it had expired before he had time to complete them. He also stated that  of denial 3-0. 8.III. 7:00 PM 24 Simpson Ave ZO2017-0020 Applicant Brian Rillahan, applicant discusses that he already had a variance in order to build the dormers and didn't realize that it had expired before he had time to complete them. He also stated that they needed them due to the fact that they have been working on the house and it has limited storage and they needed to increase the ventilation in the attic where the dormers will be placed because they were forced to put the heating system in the attic. The dormers will be on the back of the house and no one will be able to see them, they also do not extend beyond the roofline. Chair S. Bogert, asks about the property line and that the property line runs through one portion of the house, and where the dormer will be located in reference to that line. Applicant, states that the dormers will be on the opposite side of the house furthest from that side of the house that is intersected by the property line approximately 12 feet. Chair S. Bogert opens the application to the Public at 7:37 PM No one from the public wished to speak for or against the application. Chair S. Bogert closes the application to the Public at 7:38 PM Board Discussion Board discusses that they have seen a variance like this before and it was approved. Also discusses the types of dormers that are being placed on the house with the style and that the style is staying consistent with the style of the house. The board also discusses that the true hardship here is that when the house was built it was built on the street. M. Foote motions to approve ZO2017-0020 for a variance to build two dormers for light, ventilation, and storage within the 10 foot side setback. l Dormers will be built to match the neighboring architecture and keep with the era of the home's design. The dormers will not extend beyond rain line of roof. l Dormers will be built within all building codes and maintain the same architectural style as the rest of the house. l This is an established neighborhood and this proposal won’t negatively impact it. l Surrounding properties will not be affected as dormers are not intrusive and are facing the lake. Neighboring home values have been improving since the renovations of the home began four years ago. The completed dormers will improve the property value and surrounding property values. l The property has no basement and an unusable damp crawl space which provide no storage space for the home. Additionally, there is only one small clothes closet for all four bedrooms. Allowing the variance would allow an attic with appropriate ventilation and also provide usable storage space for clothing, household goods and work items. R. Maheu seconds the motion to approve the variance. Chair S. Bogert calls for a vote. All voted in favor 3-0 8.IV. 7:00 PM 822 Weirs Blvd ZO2017-0021 Applicant Chris J. Woods, would like to add a deck and two balconies on the back of the house which would be located within the 50 foot shoreland protection area. Applicant also states that there are no other locations to put the deck due to large trees on one side, proximity of the opposite side property line and the front set back. Lastly, that no one will be able to see the work except for those that pass by water. They will also not block any ones sight of the lake. Chair S. Bogert asks if this is going to replace the deck that is currently on the property. Applicant, states that they will not be replacing that deck as its not attached to the house. by water. They will also not block any ones sight of the lake. Chair S. Bogert asks if this is going to replace the deck that is currently on the property. Applicant, states that they will not be replacing that deck as its not attached to the house. R. Maheu asks if parking will be limited. Applicant states that there is no parking in that area and that all parking is located next to the road. Chair S. Bogert, asks B. Loughlin if we had a copy of the DES permit. B Loughlin states that she is not aware of it but we will get a copy of the permit. Chair S. Bogert opens the application to the Public at 7:51 PM No one from the public wished to speak for or against the application Chair S. Bogert closes the application to the Public at 7:52 PM Board Discussion Board discusses that there is no other logical place to place the deck except for where it has been proposed and that they would have to submit a variance if they wanted to put the deck anywhere else. Board also discusses the amount of trees on the property and that they would like to persevere them, as they help keep the ground stable in that area. The proposed deck seems to be appropriate for the location and would not cause any issues. M. Foote motions to approve application ZO2017-0021 for a variance to build a deck and two balconies that will be located within 50 foot of the Shoreland Protection District. l The proposed project is on private land and can't be seen from the road and will barely be seen by abutters on either side of the property due to a number of large pine trees on the property. The general public will only see the deck and balconies from the water and the proposed project will improve the appearance of the property greatly. l The proposed deck and balconies will allow for rain water to flow through them to the unaltered earth below. The project will have very minimal impact within the 50' shoreland buffer, which will be limited to 8 cement footings to support the deck. There will be no imperious cover below the deck and balconies, and the proposed project will not impede the view of the lake for any surrounding property. l These proposed changes will at least bring the property up to the standards of the surrounding properties, which can only enhance the appeal of the neighborhood. l This variance will increase the property value as well as the value of the abutting properties. In its current state, the existing house on the property is relatively run down and is the least appealing property among the surrounding properties. l There is no other location where the deck and balconies can be placed. As stated earlier, the existing house is 16 feet from the property line to the North, so it would make no sense to build the deck on the North side of the house. On the South side of the house there is an existing wood stairway approximately 8 feet from the house that extends from the front of the house, along the entire length of the house, and down to within 8 feet of the waterline. To move the stairway to accommodate a deck on the South side of the house would have far greater impact and cause far more disruption in the 50' shoreland buffer than the proposed project will. In addition, there are 7 large pine trees that would need to be removed to accommodate a deck on the South side of the house. The proposed location of the deck and balconies is the only feasible location and causes will cause minimal and far less disruption to the shoreland buffer area than would a deck in any other location. In addition, as mentioned above, this project will have no effect on the public interest, no negative affect on the surrounding properties if the project and very minimal impact to the property within the 50' shoreland buffer. Denial of this request will result in a less appealing property which will affect the value and appeal of the surrounding properties. l Approved on condition with proof of permit from DES  area than would a deck in any other location. In addition, as mentioned above, this project will have no effect on the public interest, no negative affect on the surrounding properties if the project and very minimal impact to the property within the 50' shoreland buffer. Denial of this request will result in a less appealing property which will affect the value and appeal of the surrounding properties. l Approved on condition with proof of permit from DES R. Maheu seconds the motion to approve the variance. Chair S. Bogert calls for a vote. All voted in favor 3-0 9. OTHER BUSINESS No other business 10. ADJOURNMENT R. Maheu motioned to adjourn, seconded by M. Foote. All voted in favor 3-0. Meeting adjourned at 7:57 PM Respectfully submitted by: Robert Mora Zoning Technician