Board member John Gill moved and a fellow board member seconded to approve a developmental variance that lets homeowners Joseph and Rachel Balsitis build a detached garage on a parcel without a primary structure at 909750 Acorn Drive. The Board of Zoning Appeals voted 3-0 to grant the variance.
The vote came after the contractor for the homeowners, Eamon of The Garage Guys, explained the project and its compliance with accessory-structure setbacks. "We're proposing to put this garage up," Eamon said, describing the garage location relative to the existing driveway and attached garage.
The variance request was triggered because the Balsitises own two tax parcels that, although combined for tax purposes, remain separate lots under subdivision rules and one lot has no primary structure. Eamon said the proposed detached garage otherwise meets accessory-structure setback requirements but requires a developmental variance from the board.
Neighbor Andre Zayach told the board he lives at 9724 Acorn Drive and said survey accuracy was his primary concern. "It's been 30 years since that lot line has been surveyed," Zayach said, asking that the line be properly reestablished to avoid future conflicts. The board and contractor confirmed that a permit would require accurate survey pinning prior to construction.
No written objections were filed with the town for the item, and the board chair opened and closed the public hearing after taking the neighbor's remarks. The motion recorded at the hearing cited STJMC code references related to the variance (as listed in the meeting record) and found the variance would not be injurious to public health, safety, morals, comfort or general welfare. The board concluded strict application of the zoning ordinance would create practical difficulties for the property owner.
The board's approval allows the homeowners to proceed with permitting steps required by the town and building department; the contractor and owners must complete those procedures, including any required survey or platting steps, before construction begins.