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ZBA grants variance to rebuild garage with small second-story over nonconforming slab on Earl Shore Road
Summary
The ZBA approved a variance allowing a four-foot knee wall and a dormer above an existing garage slab at 5 Earl Shore Drive (case 08V25), with standard recording and permit conditions and a two‑year validity period.
The Wolfeboro Zoning Board of Adjustment voted unanimously to grant a variance allowing a previously built nonconforming garage to be rebuilt on the existing slab and to include a four-foot knee wall and dormer above the garage, case 08V-25, tax map 200-0205 (Earl Shore Road).
Applicant representatives and the property owner described that the slab and foundation are existing and pre-date regulatory setback requirements; the variance was sought because a small portion of the rebuilt structure will remain in the setback area. The applicant said the project replaces an earlier garage on the same footprint and adds a modest storage area above. Board members inspected the site during a site visit and reviewed the application narrative and engineering plans presented by the applicant’s architect and surveyor.
During deliberations the board found the five variance criteria met: the proposal would not alter the essential character of the neighborhood, it would not threaten public health or safety, substantial justice would be served, the value of surrounding properties would not be diminished and literal enforcement would result in unnecessary hardship given the preexisting nonconforming footprint and the limited portion extending into the setback. The board discussed whether the nonconforming footprint count should include porches and overhangs; members clarified they were treating the footprint consistent with the zoning definition used at the hearing.
The board approved the variance with standard conditions: all required federal and state permits and the Town of Wolfeboro building permit must be obtained before construction, the notice of decision be recorded at the Carroll County Registry of Deeds at the applicant’s expense, the approval is valid for two years (or as extended under RSA), and the applicant is responsible for applicable fees. The board read appeal instructions and statutory references into the record and conducted a roll-call vote; the board announced the vote was unanimous.
