Zoning Board of Adjustment

City of Laconia Zoning Board of Adjustment Monday, November 19, 2018 - 7:00 PM City Hall Conference Room 200A 11/19/2018 - Minutes 1. CALL TO ORDER Chair: S. Perley: Calls the meeting to order at 7:02 PM Chair: S. Perley: Explains to the applicants that there are only three board members present this evening and that for an application to pass it must be voted for unanimously by all three board members present. That if they wish to have their application continued until the December meeting where they will have a full board they have the option. Asks if anyone wishes to continue their application until the December meeting. No applicants requested continuance until the December meeting. 2. ROLL CALL R. Mora: Conducts roll call with the following present: Roland Maheu, Orry Gibbs, and Suzanne Perley. Not present: Steve Bogert, Michael Foote, and Michael DellaVecchia. 3. RECORDING SECRETARY Robert Mora, Zoning Technician 4. STAFF IN ATTENDANCE Dean Trefethen, Planning Director 5. ACCEPTANCE OF MINUTES FROM PREVIOUS MEETINGS Chair: S. Perley: Asks board if they had a chance to review the minutes from last month and if any changes were requested? R. Maheu: Motions to accept the minutes as presented. O. Gibbs: Seconds motion. All voted in favor 3-0 to accept the minutes as presented. 6. EXTENSIONS No extensions. 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. 7.I. ZO2018-0021 - 416 Leighton Ave (PDF) 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. 7.I. ZO2018-0021 - 416 Leighton Ave (PDF) Chair: S. Perley: States that she would like to the minutes to show that the applicant has provided proof of the shoreland permit. Also that the agent was asked to come back this month because the board wanted more detail in the application. Agent: Charles Williams: Explains that he has provided the board with new plans showing more detail. Board discussion: Board discusses whether they should have two motions with this application or whether they should approve everything with one motion. That one variance is for the front and side set backs and there is another variance from the shoreland. D. Trefethen: Explains that the choice is the boards that they could do them in one motion or or break them into two different motions. Agent: Charles Williams: Provides pictures to the board, showing the other garages that are neighboring this property. Explains that they would like to do a second story on the garage and that he has provided more detailed measurements for the garage and the shoreland permit which he has also obtained. Chair: S. Perley: Ask with the garage if they are just increasing the height. That the garage already exists and they are not changing the foot print just going up. Agent: Charles Williams: States that is correct. Chair: S. Perley: Validates that the garage is a 26' x 26' foot garage and that the second story that is being added on will only be used for storage and not for living space. Agent: Charles Williams: Correct. R. Maheu: States that the garage can not be moved back because there is an elevation drop right next to the garage. Agent: Charles Williams: States that is correct and that the applicant isn't looking to spend that kind of money to fill in the area. Chair: S. Perley: States that the first variance for this would be the front and side setback and the second variance would be for the 50 foot shoreland setback. Agent: Charles William: States is correct that the deck be within the shoreland setback. Chair: S. Perley: Describes the deck seen on the plan and that it appears to be 12 ' x 22' and that it clear. Also asks how far the deck is going into the shoreland. Agent: Charles Williams: States that its appears to be close to 18-16 feet. That it is really about the same as the house. R. Maheu: Explains that he drove by the property last month and drove by again and it appears work is being done on the property. Agent: Charles Williams: Explains that it correct. R. Mora: Explains that the applicant came in for a separate building permit just for the kitchen addition because that did not require a variance. Chair: S. Perley: Asks the board if they have any more questions for the applicant. R. Maheu: Clarifies that they are just looking for approval for the deck and the garage.  R. Mora: Explains that the applicant came in for a separate building permit just for the kitchen addition because that did not require a variance. Chair: S. Perley: Asks the board if they have any more questions for the applicant. R. Maheu: Clarifies that they are just looking for approval for the deck and the garage. Agent: Charles Williams: States that is correct. Chair: S. Perley: Opens the application to the Public at 7:11 PM No one from the Public wished to speak for or against the application. Chair: S. Perley: Closes the application to the Public and wants the record to show that they received one letter from an abutter Dave Greski stating that he supports the variance and brings it back to the board for discussion at 7:11 PM. Board Discussion: Discusses that they don't see any issue with the variance and the request seems very reasonable. Also that they would like to have any motion made with two parts for each variance. O. Gibbs: Makes a motion to approve the variance from 235-35 A and B for the proposed second story being added to an existing garage. It will be built over an existing garage for storage only, the existing garage already extends into the 25 foot side setback and within the 40 foot front setback. There is not additional encroachment into the setback. It is not contrary to the public interest. The proposed addition to the garage will not impact appearance of the neighborhood or the quality of the neighborhood in any way, there will be no additional demand on resources. The spirit of the ordinance is observed in that it does not alter the character of the neighborhood or any of the abutting properties. Others in the neighborhood already have two story garages, and this is only going to be used for storage. Substantial justice is done in allowing the applicant to utilize the property and get the full use out of the garage. The surrounding property values will not be diminished, it will bring it into more conformance with the abutting properties. Literal enforcement of the ordinance would result in an unnecessary hardship, that the garage is already non-conforming, the property has some steep drop offs, and the existing envelope to build in would be small. R. Maheu: Seconds motion. All voted in favor 3-0 to approve the variance for the garage within the front and side setbacks. Chair: S. Perley: States that the second variance is from 235-19 for the shoreland protection district, and states that she will make the motion to approve the construction of a 12' x 22' deck attached to the existing residence already in the shoreland protection district. Noting that the permit by notification has already been received from the Department of Environmental Services. Granting the variance would not be contrary to the public interest, and the spirit of the ordinance is observed. Again this does not have any effect on the neighborhood. The house is already exists within the shoreland protection district, so that adding a deck will have very little additional impact on the area. Substantial justice is done in that the use is consistent with the current use of the neighborhood, and this is a lake front home. The use is consistent with the neighborhood. it will do no harm to the general public. The value of the surrounding properties will not be diminished. The hardship exists in that the house already exists in the 50 foot shoreland protection district. The deck is not moving any closer the shoreland as they are placing it beside the house, and not getting any closer to the front setback. O. Gibbs: Seconds motion. All voted in favor 3-0 to approve the variance for the construction of a 12' x 22' deck in the shoreland protection district. 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. ZO2018-0022 - 35 Massachusetts Ave (PDF) 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. ZO2018-0022 - 35 Massachusetts Ave (PDF) Applicant: Lyndsey and Jon Stiles: Explain that they are looking for a variance to place a 5' x 20 ' deck on the front of the house to replace the stairs that need to be replaced on the front. Chair: S. Perley: Asks if this will be an enclosed porch or deck? Applicant: Lyndsey Stiles: States that it will not be enclosed it will be open and the only addition it will have will be the hand railings. Explains that the brick stairs that were on the front of the house are crumbling and need to be replaced. That they will not be coming out any further than the stairs that are already there but it will be a little longer than the original. R. Maheu: Asks if the outlined area on their property is where the proposed deck will be placed. Applicant: Lyndsey Stiles: Explains that it is. Chair: S. Perley: Opens the application to the Public at 7:20 PM. No one from the Public wished to speak for or against the application. Chair: S. Perley: Closes the application to the Public at 7:20 PM and brings it back to the board for discussion. Board Discussion: States that it seems pretty straight forward. That this seems very appropriate. R. Maheu: Makes a motion to approve the application. The use requested is specifically authorized in this chapter. The requested use will not create undue traffic congestion or unduly impair pedestrian safety. The spirit of the ordinance is observed. Substantial justice is done, as its not going to affect anyone else. The value of the surrounding properties will not be diminished, as they won't even notice that its there. Literal enforcement of the provisions of the ordinance would results in an unnecessary hardship. The steps that are there really need to be replaced. Literal enforcement of the provisions of the ordinance would result in an unnecessary hardship. For the purposes of this subparagraph, "unnecessary hardship" means that, owing to special conditions of the property that distinguish if tome other properties in the area. No fair and substantial relationship exists between the general public purposes of the ordinance provisions and the specific application of that provision to the property; and the proposed use is a reasonable one, in that the stairs need to be replaced. O. Gibbs: Second the motion. All voted in favor 3-0 to approve the variance to build a 5' x 20' deck within the front setback. 8.II. ZO2018-0023 - 138 Sheridan St (PDF) Applicant: Tina Smith and Robin Smith: Explain that they are trying to create an accessory dwellin unit for their parent in-laws. R. Maheu: Asks about the length and height of the steps and whether that will pose a problem for older people. Applicant: Tina Smith: Explains that they will be installing an electric chair lift for her parents in-law. Chair: S. Perley: Looks over plans and notes that there is parking on the lot and that the square footage of the unit is 743 SF. Applicant: Tina Smith: States that they will also be giving them one bay of the garage so that they won't have to go out in the weather.  Chair: S. Perley: Looks over plans and notes that there is parking on the lot and that the square footage of the unit is 743 SF. Applicant: Tina Smith: States that they will also be giving them one bay of the garage so that they won't have to go out in the weather. Chair: S. Perley: States that this is pretty straight forward application. Board discussion: States that they don't see too many issues and the applicants have explained everything that they did have a question for. Chair: S. Perley: Opens the application to the Public at 7:28 PM No one from the Public wished to speak for or against the application. Chair: S. Perley: Closes the application to the Public at 7:28 PM and brings it back to the board for discussion. Board Discussion: Discuss that the application seems reasonable and that they don't see any issue with it. O. Gibbs: Makes a motion to approve the application ZO2018-0023 for 138 Sheridan St for an Accessory Dwelling Unit above the garage to house their parents. Its a one bedroom unit. The use requested is specifically authorized in this chapter, this unit is 743SF so it is slightly under the 750SF. The requested use will not create undue traffic congestion or unduly impair pedestrian safety, at most there will be one additional vehicle and there is plenty of room for parking. It sounds like there won't be that much driving by the occupants. The requested use will not overload any public water, drainage or sewer system or any other municipal system, not will there be any significant increase in stormwater runoff onto adjacent property or streets. There is no real increase to the building at all its just a one bedroom apartment. There will not be any real increase to municipal services. Any special provisions for the use as set forth in this chapter are fulfilled. The requested use will not create hazard to the health, safety, or general welfare of the public, nor be detrimental to the use of or out of character with the adjacent neighborhood. The proposed location is appropriate for the requested use. The requested use is consistent with the spirit and intent of this chapter and the Master Plan. R. Maheu: Seconds motion. All voted in favor 3-0 to approve the Special Exception for an Accessory Dwelling Unit. 9. OTHER BUSINESS D. Trefethen: Explains that we have redone the Zoning Board Applications and have made them all separate applications instead of having them all on one. That he will send them out for the board to have a look at and provide input. Chair: S. Perley: Thanks staff for helping applicants fill out the applications so that the correct zoning article and section are filled out. D. Trefethen: Explains that we also have the new 2019 Zoning Board of Adjustment schedule and provides the board a copy. Also that the filing deadline has been changed so that it provides less time in between application due date and the Zoning Board meeting. D. Trefethen: Provides a document to the Zoning Board which is done by the City's legal council, that usually these documents are kept confidential. That City Council wanted it to be made public and that the City is concerned with short term rentals. Explains that there has been an increase in these types of short term rentals and how legal has interrupted the Zoning Ordinance. Explains how City Council would like short term rentals enforced. Chair: S. Perley: Asks about having a 30 minute session with the Zoning Board and the Planning Director to discuss some of these changes before the next regular Zoning Board of Adjustment meeting. Board and Planning Director: Discuss the criteria for short term rentals and that it would be the same  short term rentals enforced. Chair: S. Perley: Asks about having a 30 minute session with the Zoning Board and the Planning Director to discuss some of these changes before the next regular Zoning Board of Adjustment meeting. Board and Planning Director: Discuss the criteria for short term rentals and that it would be the same criteria as a variance or special exception. Discuss having a workshop to discuss short term rentals and the information that should be obtained for these applications it would be open to the public but not open for public input. Or I could send out an e-mail to you with the information and direction the City is Looking to take for these short term rentals. Continuing on Dean discusses how the state defines short term rentals and what kind of tax needs to be collected for these types of businesses. Also the uses that short term rental will be classified as and depending on the zone they might need either a Special Exception, a Variance, or a Conditional Use Permit. That they would like to schedule a workshop on 10 December 2018 at 6:00 PM in 200B Conference Room. 10. ADJOURNMENT O. Gibbs: Motions to adjourn. R. Maheu: Seconds motion. All voted in favor to adjourn at 7:50 PM Minutes respectfully submitted by: Robert Mora, Zoning Technician This meeting facility is ADA accessible. Any person with a disability who wishes to attend this public meeting and needs additional accommodations, please contact the department at (603) 527-1264 at least 72 hours in advance so necessary arrangements can be made.