Two applications for variances were on the July 9, 2024, Planning/Zoning Board agenda. Of these, only one application was considered.
WAWA’s application for a setback variance for a walk-in refrigerator addition was postponed until the August 13th meeting of the Board.
The application reviewed was submitted by the owner of a single-family home at 402 24th Street. The property is located at the corner of 24th Street and Fourth Avenue. The present dwelling has numerous existing non-conformities. Applicant intends to demolish the home and garage, construct a new dwelling and include a swimming pool. Applicant’s plan, however, does require two setback variances, one for steps, the other for a curb cut.
Applicant contended that the requested variances could be granted under both the C1 criteria (hardship) or the C2 criteria (benefits outweigh detriments). With respect to the C1 criteria, Applicant points out that Fourth Avenue is half the width of a regular street, which makes his property unique and presents a hardship in the use of his property. Regarding the C2 criteria, Applicant claims numerous benefits. Among those cited are:
(a) Removal of the old structure would eliminate many existing non-conformities.
(b) The new structure would be more aesthetically pleasing and more in keeping with the neighborhood.
(c) The plans provide for four off-street parking, whereas no off-street parking is provided with the current structure.
(d) The proposed building would meet all flood and height regulations and building codes.
Applicant’s architect testified that in his opinion there were no detriments in granting the variances.
The Board took the position that Applicant’s lot was standard for its zone, and hence, the C1 hardship criteria were not met. However, the Board granted the requested variance under the C2 criteria.
