ZBA grants equitable waiver and lot‑size variance for Prospect Mountain property

At its July 10 meeting the Alton Zoning Board of Adjustment granted an equitable waiver for a long‑standing deck encroachment and approved a variance to permit a new lot under the 15,000 square‑foot minimum in Case Z25‑28 (Prospect Mountain).

Agent Paul Zugo (Prospect Mountain) told the board both houses and decks on the properties have existed for decades and that a boundary line adjustment is proposed that would result in one lot being about 13,076 square feet. Zugo said the deck that triggered the equitable waiver was constructed two years after zoning took effect and that no enforcement action had been started; he asked the board to find the equitable waiver criteria satisfied.

Board members reviewed Section B of the equitable‑waiver standard, which requires a showing that the violation has existed for 10 years or more without enforcement action. The board found those elements satisfied and voted to approve the equitable waiver. The board then considered a variance to permit a new lot area smaller than the ordinance's 15,000‑square‑foot minimum (Article 400, Section 4.43 A(1)). Members noted several nearby lots in the zoning district are already undersized and found the proposed lot size comparable to those existing lots.

The variance motion passed 5‑0. Board members recorded that the applicant will need to obtain any required state subdivision approvals and that the rationale included bringing two lots closer to conformity overall.

No members of the public spoke in opposition during the hearing; staff noted it will enforce outstanding permit conditions if the applicant does not comply with conditions set in prior approvals.