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Board reauthorizes side-yard setback variance for Sis Lane lot after owner cites health delay

2591363 · February 20, 2025
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Summary

The Board of Adjustment granted a variance to allow a 20.5-foot south side-yard setback for a proposed single-family home at 315 Sisce Lane; the lot is a legally nonconforming 1.06-acre parcel in the non-urban residence district and has a history of prior approvals and neighbor complaints about property maintenance.

The City of Wildwood Board of Adjustment on Feb. 20 approved a variance permitting a 20.5-foot side-yard setback on the southern side of a proposed single-family home at 315 Sisce Lane, instead of the 30 feet required by the non-urban residence district rules.

The lot is a legally nonconforming parcel of about 1.06 acres that sits between Sisce Lane and Highway 109. Planning staff told the board the property is substantially smaller than the 3-acre minimum intended for the district and that recent state-right-of-way work and grading associated with a Highway 109 project have further constrained buildable area.

Owner John Riles told the board he previously received board approval for the same setback in 2021 and 2024 but was delayed by health issues; he said, "I was diagnosed ... I had to have open heart surgery ... I'm ready to start construction this year." Riles also said he had submitted building plans to the county and that grading work tied to the 109 project had affected the rear of the lot.

Neighbor John Schlegel of 324 Sisce Lane spoke in opposition and described a long history of property-maintenance complaints at the address, telling the board, "This property has been a problem for 15 years." Staff confirmed the Department of Planning and code enforcement have addressed maintenance issues at the site; Director Joe Eunich noted county tax collection is separate from code enforcement and cautioned that "at the end of 3 years, eventually, we'll put the property up for a tax sale."

Planning staff recommended approval again, citing the lot's narrow shape, substandard size relative to the zoning district, and the practical difficulties created by recent right-of-way and grading changes. The board voted unanimously to approve the variance; members were reminded that an approved variance becomes void if required permits are not obtained within six months.

Two written comments in opposition were noted in the planning file. The Department of Planning said it will prepare a formal approval letter specifying the permit deadline. The approval permits the setback deviation described in the application and does not relieve the owner of any outstanding code-enforcement or tax obligations.