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Board grants setback variance for garage at 29 Live Oaks Road after builder error revealed
Summary
Zoning board approved a variance to permit a garage corner 28.5 feet from the front lot line where 30 feet is required after the owner said a contractor built a taller structure than permitted; the board expressed frustration but allowed the modest relief.
The Milford Zoning Board of Appeals on April 8 approved a one‑foot‑and‑a‑half front‑yard setback variance for a garage at 29 Live Oaks Road after the owner told the board a contractor built a two‑story garage that exceeded the previously issued permit for a single‑story, 15‑foot accessory building.
Owner John Armstrong said he contracted a builder who pulled a permit for a detached single‑story garage not to exceed 15 feet, but the structure was constructed taller and, when the owner sought to attach the garage to the house, a new survey showed the far corner extended 1.5 feet into the front setback. Zoning staff confirmed a zoning permit had been issued for a detached, single‑story garage but that the current built structure is two stories and therefore subject to setback rules for principal structures once attached.
Neighbors spoke in the applicant’s favor at the hearing, noting the work improves the property appearance; a neighbor said the garage corner appears slightly farther back than parts of the house. Board members expressed displeasure with the contractor’s conduct and emphasized property owners should ensure permits and plans align with construction. The board considered an amendment to limit living space over the garage but members withdrew the proposed limitation and approved the minimal setback relief as presented.
Mister Sota moved to approve the variance to a front‑yard setback of 28.5 feet where 30 feet is required; the motion carried. The board recorded concerns about the retroactive nature of the request but allowed the owners to regularize the property by granting the variance.
