Zoning Board of Appeals

CITY OF NORWICH ZONING BOARD OF APPEALS August 9, 2022 Regular Meeting Minutes Hybrid Meeting ZOOM & Room 335, City Hall, Norwich The regular meeting of the City of Norwich Zoning Board of Appeals was called to order at 7:07 p.m. Roll call was taken. PRESENT: Marc Benjamin, Chairman David Martin Robert Phoenix Dorothy Travers (ZOOM) Gregory Schlough ABSENT: None OTHERS: Richard Shuck, Zoning Enforcement Officer, and Katherine Rose, Recording Secretary Marc Benjamin called the meeting to order at 7:03 p.m. Marc Benjamin stated all members would be voting on all matters. A. COMMUNICATIONS: None. B. ACCEPTANCE OF MINUTES: Robert Phoenix made a motion to accept the July 12, 2022 minutes with some corrections. Gregory Schlough seconded. All voted in favor. The motion passed unanimously. C. OLD BUSINESS: None. D. NEW BUSINESS: Robert Phoenix made a motion to hear application V#22-05 before application V#22-04 due to attendance. Gregory Schlough seconded. All voted in favor. The motion passed unanimously. 1. V# 22-04: 1-59 Forest View Drive (AKA 214 Vergason Ave Ext.); Request for Use Variance to ZR Sec. 4.1.1, Conformity Requirements; to permit use of the property for development of up to 24 additional dwelling units in in the existing condominium development within the Business Park Zone. Property of Forest Land Investment, LLC. Application of Forest Land Investment, LLC. Assessors Map # 034, Block # 001 Lots # 038 The applicant was not in attendance.  2. V#22-05: 60 Geer Ave. Request variance of sec.1.1 to increase maximum lot coverage from 25% to 34.65% and sec. 4.14 to reduce the side yard setback for an accessory building from 10 feet to 8 feet on both side yard setbacks to construct a 24 x 24 detached garage. Property of Mary-Kim LE; Application of Mary-Kim Le, Assessors Map#117, Block#002, Lot#045 Richard Shuck read Exhibits A - E into the record. Mary-Kim Le of 60 Geer Avenue stated she currently has a single car garage and would like to make it a two car garage for the four cars registered to the property. Mary-Kim Le stated the current garage was built in the 1920-30s and is designed for smaller cars. Mary-Kim Le stated she would like the new size to conform to the situate status. Mary-Kim Le stated the garage has a cement floor that is crumbling so she would like to concrete over it and enlarge it. Marc Benjamin asked if the current garage extends beyond the setback line and if the proposed increase size would stay along the same line. Mary-Kim Le stated she would extend the garage to the set back line to conform. Richard Shuck explained that the current size of the garage centered on the plot size is two feet over the side yard setback lines on either side. Richard Shuck stated the garage currently was over the setback line by approximately five to seven feet. Marc Benjamin noted there would be a three foot improvement but a two foot loss. Robert Phoenix asked what the detriment to the applicant would be if the application was not approved. Mary Kim-Le stated she would prefer to keep cars housed within a garage during extreme warm and cold months and that it would allow for housing larging vehicles. Marc Benjamin asked if, aside from the floor, the garage was structurally sound or imperative to take down. Mary- Kim Le responded the garage has a wood interior that was deteriorating. Robert Phoenix made a motion to close the public hearing Gregory Schlough seconded. All voted in favor. The motion passed unanimously. E. DISCUSSION AND POSSIBLE DECISIONS: 1. V# 22-04: 1-59 Forest View Drive (AKA 214 Vergason Ave Ext.); Request for Use Variance to ZR Sec. 4.1.1, Conformity Requirements; to permit use of the property for development of up to 24 additional dwelling units in in the existing condominium development within the Business Park Zone. Property of Forest Land Investment, LLC. Application of Forest Land Investment, LLC. Assessors Map # 034, Block # 001 Lots # 038 Richard Shuck read a referral letter from the Commission on City Planning into the record, which recommended against approving the various in a four-  to-one vote. Marc Benjamin stated the applicant was not in attendance. Marc Benjamin stated that the ZEO had attempted to reach Attorney Mark Block prior to the meeting and was unable to. Marc Benjamin stated given no applicant in attendance he felt compelled to continue the applicant until the next regularly scheduled meeting, although it may surpass the application’s 60 day window, in which case if the applicant were to reach out to the ZEO a special meeting could be held pending scheduling. Discussion ensued. Richard Shuck noted that a decision must be made at the meeting or a special meeting must be scheduled. Robert Phoenix made a motion to deny the application based on the recommendation of the Commission on City Planning. Gregory Schlough seconded. Discussion ensued. Robert Phoenix withdrew his motion. Marc Benjamin made a motion to approve the application. Robert Phoenix seconded. Robert Phoenix stated that in light of the letter received from the Commission on City Planning and their position to not approve the variance it felt appropriate to not approve the application. Gregory Schlough agreed. David Martin noted nothing had been provided as a rationale to go against the decision of the CCP. Dorothy Travers was in agreement of points made. Marc Benjamin agreed and stated there was no evidence provided to go against the decision of the CCP. Attorney Mark Hoberman spoke in opposition of the variance and agreed with the decision made by the Board. Attorney Hoberman stated he felt a non-self-created hardship for the variance had not been presented. Marc Benjamin added an amendment to his motion that if the applicant were to re-submit the application that the six-month wait period for re-application could be waived. Robert Phoenix seconded. All members were in favor of the amendment to the motion. All members voted in opposition to approving the variance. The motion failed. 2. V#22-05: 60 Geer Ave. Request variance of sec.1.1 to increase maximum lot coverage from 25% to 34.65% and sec. 4.14 to reduce the side yard setback for an accessory building from 10 feet to 8 feet on both side yard setbacks to construct a 24 x 24 detached garage. Property of Mary-Kim LE; Application of Mary-Kim Le, Assessors Map#117, Block#002, Lot#045 Robert Phoenix made a motion to approve the application. Gregory Schlough seconded. All members voted in favor. The motion passed unanimously. Robert Phoenix stated that whether or not garages were in  conformity he did not see the increased size and functionality of the existing garage being a detriment to property. Robert Phoenix stated there was a hardship of the existing building not likely to be viable and in need of improvement regardless of the increased size. Robert Phoenxis stated there were various non-conforming parts of the property and improvements are not uncharaterisc of the neighborhood. Discussion ensued David Martin stated there was a hardship of the lot size and shape. David Martin stated that it was a small narrow lot and the variance would make it less of a non- conforming condition on one side. David Martin added the two car garage size was consistent with the neighborhood and that he felt not granting the variance would be denying a reasonable use of the property. Dorothy Travers was in agreement with David Travers and that the current condition of the garage was a liability. Marc Benjamin was in agreement with the points made. F. STAFF UPDATES: None. G. ADJOURNMENT: A motion was made by Greg to adjourn at 7:37 PM. Robert Phoenix seconded. All voted in favor. The motion passed unanimously. Respectfully submitted, Katherine Rose Recording Secretary