BOARD OF APPEALS
REGULAR MONTHLY MINUTES
October 3, 2001
Roll Call: Peter Johnson Chair - Absent Frank Hillman Vice Chair - present William Ebert - present
Deborah Felder - Present Patricia McLaughlin present
Richard Nickless - present
Also present: Jeffrey Hinderliter Code Enforcement Officer
Howard Truman
1.) Vice-Chair Hillman called the Meeting to order at 6:41 p.m.
2.) Roll call taken followed by the Pledge of Allegiance.
3.) William Ebert made a motion to accept the minutes. Richard Nickless seconded the motion. Vote: 4 in favor, 0 opposed. Motion passes.
4.) Consideration of an application from Howard and Ellen Truman for a variance of the side property line setback in accordance with the City of Gardiner Zoning Ordinance, Title 31, Chapter 7, Section 3202, G. The property, located at 39 Deane Street, Map 31, Lot 137, is in a High Density Residential Zone.
Vice-Chair Hillman asked the CEO if we were in violation of the Ordinance for not notifying the abutters about the change in date to hear this variance. Jeffrey Hinderliter, the CEO, said he did not believe so. He said no one came forward previously about this and he did re-advertise this in the newspaper. He didn t have enough money in his budget to re-send the letters.
6:45 p.m. Vice-Chair Hillman opened the meeting to the public.
Howard Truman explained his request for a variance. He had a barn removed from his property about 3 months ago and was planning to build a 24 x 24 garage. The garage would be set back further from the road than the barn had been. He wanted to set the garage in straight from the road because it would be more difficult to back a car in if it were angled. The planned garage would be 5 from the side property line. The setback requirement for this zone is 10 . There is a stockade fence and trees between his property and his neighbors and from the fence there is at least a 30 lawn to a structure.
6:51 p.m. Vice-Chair Hillman closed the public hearing.
Vice Chair Hillman directed the members to Page 2 of the application, the section titled: Justification of Variance. They discussed the questions and criteria.
William Ebert made a motion to grant the variance. Deborah Felder seconded the motion.
The members gave their justification.
William Ebert - The land in question would not return a reasonable yield. The new structure is lower than the barn and would be better. It is an older, smaller lot. It would not alter the character of the neighborhood.
Deborah Felder Placing the garage back further would make the property more conforming.
Patricia McLaughlin arrived.
Richard Nickless Agrees with his peers. The hardship is not the responsibility of the current property owner. The garage would be more conforming to the centerline and the front setback. It would be a safer distance from the home and it would be an improvement to the character of the neighborhood.
Frank Hillman The garage would be better than what was torn down. A garage is necessary. No abutters have shown any disagreement. It would be an improvement. The small lot was there when current owner bought it.
Vote: 4 in favor. 0 opposed. 1 abstention (Patricia McLaughlin, arrived after appeal was heard and motion was made). Motion passes.
5.) Other Business
Vice-Chair Hillman asked the CEO if he was aware of any other issues upcoming in the near future. The CEO said possibly one with respect to the downtown project, but was not aware of any others at this time.
6.) Adjourn
A motion to adjourn was made by Deborah Felder. Richard Nickless seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passes.
Meeting adjourned at 7:03 PM.
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