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Board approves special permit for large replacement house on Day Circle despite neighborhood objections
Summary
A special permit was approved 4–1 for Aldia Construction to raise and replace a single-family house at 23 Day Circle on a lot the applicant said is about 11,000 square feet, while many neighbors testified it would be out of character for a street of mostly ranch houses.
The Lutheran Zoning Board of Appeals voted 4–1 to grant Aldia Construction Corp.'s special permit to raise and replace a single-family house at 23 Day Circle, despite multiple neighbors who said the proposed five-bedroom, multi-floor home is too large for the neighborhood.
Fred (Fred Cheldia) appeared for Aldia Construction and said the existing house sits on a lot the applicant's engineer measured as about 11,000 square feet but that public records list a different figure. He told the board the proposal meets the city's setback requirements even though the lot is short of a 12,000-square-foot minimum, which is why a special permit was needed.
Several Day Circle residents spoke in opposition at the public comment portion. Lucy (Lucille) Nicholson and James Nicholson of 26 Day Circle said the proposed house is "way too big for the area" and would "overpower the whole neighborhood." Patrice Trodella and Elaine and Ronald Daugherty also said the street is predominantly single-story ranch houses and that a three-floor, five-bedroom house would change the neighborhood's character and visibility from the top of the circle.
In response, the chair noted that the board's legal standard is whether the proposed structure is "substantially more detrimental to the neighborhood" than the existing one and that the board's discretion is limited to measurable impacts such as drainage, traffic and compliance with dimensional zoning standards, rather than aesthetics alone. The chair observed the proposed structure complies with front, side and rear setbacks and the maximum-height allowance. A board member then moved to approve the special permit "based on the drawings submitted this evening." The motion passed 4–1.
The chair said a written decision will be prepared and filed in the clerk's office, and reminded residents that no building permit will issue until the appeal period expires.
