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Board approves reduced driveway variance at 403 B Pierce Street, allows gravel with conditions
Summary
Milford Board of Adjustment granted two variances for the property at 403 B Pierce Street, allowing a widened curb cut and a gravel driveway area after requiring the stone portion be reduced and cleaned up to a 20-foot width.
The Milford Board of Adjustment on a unanimous vote granted two variances for the property at 403 B Pierce Street, allowing a widened driveway entrance and permitting a gravel (stone) surface in the front yard, while requiring the stone portion be reduced and contained to a 20-foot width.
The request came from property owner Ileana Morales, who said she and her family need the extra on-site parking. "I moved there in 02/2002 ... we are a family of 5 members ... we all need a car," Morales said during the public hearing. Morales told the board she installed stone after repeated mud and washout problems and that she did not realize she needed a permit.
Rob Pierce, a city staff member who presented the staff report, said the city issued a zoning-code violation on Oct. 28, 2023, after the property owner expanded the driveway with stone. Pierce summarized the code sections cited in the staff report and said staff evaluated the variance requests under the four legal criteria for area variances. The two variance requests were: (1) to allow a curb cut and driveway entrance wider than the 20-foot maximum the code allows (the applicant had installed roughly a 34-foot entrance), and (2) to allow a gravel/stone front-yard driveway area that the code requires be a dustless surface such as asphalt, concrete or pavers.
Board members noted a nearby duplex had received a similar approval previously and discussed matching the neighbor's footprint. Board member Joe Wylie moved to approve the variances with the width modified to match the neighbor; the board ultimately required the stone area be reduced to a 20-foot width and "cleaned up." The motion passed on recorded votes by Board members Ron Rizzo (yes), Joe Wylie (yes), Ron Mascola (yes), Andrea White (yes) and Michael Warfel (yes).
The board's action includes two practical conditions announced at the hearing: the stone area must be reduced in width to 20 feet and the owner must add bordering/containment and additional stone to keep material from washing into the street. Pierce said staff will follow up with an approval letter that will outline the required cleanup and the final approved dimensions. Pierce also noted that, if the variance had been denied, the owner could be required to restore the driveway to its earlier configuration or pursue the matter in JP Court, where a summons had already been issued as part of code-enforcement action.
Why it matters: the decision resolves an outstanding code-enforcement case and sets a condition intended to limit washout and maintenance impacts to the public right-of-way while allowing the owner additional on-site parking. The board framed the relief as consistent with a prior, adjacent approval and as addressing an applicant hardship related to narrow streets and limited on-street parking.
The city cited Milford City Code chapter 230-20B as the basis for both variance requests; the code language on driveway width and dustless surfaces is included in the meeting packet. Pierce said the streets department was not asked for a formal comment on this application, but staff expressed concern in general about loose stone washing into the roadway.
