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South Russell BZA grants 9-foot side-yard variance for garage at 123 Fairview Road
Summary
The Village of South Russell Board of Zoning Appeals approved an area variance allowing a detached garage to be built 1 foot from the north property line at 123 Fairview Road; the board noted a prior 1990 variance and flagged a possible separate lot-coverage variance that may require further notice.
The Village of South Russell Board of Zoning Appeals voted to approve an area variance for a new detached garage at 123 Fairview Road, permitting the accessory structure to sit no less than 1 foot from the north property line.
The applicant, Robert Battisti of Caves Road Construction, requested a 9-foot area variance so the proposed 1.5-car detached garage could be built within the constrained lot and sloping rear yard. The property was identified in the application as owned by Raymond Smith. The board approved the motion after discussion and recorded unanimous affirmative votes from members present.
Board members and staff reviewed site constraints and prior approvals. The board noted an earlier variance recorded in 1990 that had allowed a 5-foot side-yard condition to remain with the property; the current approval effectively authorizes the structure to be 1 foot from the lot line, which represents an additional reduction from that prior approval. Village staff also raised the possibility that the project could trigger a separate lot-coverage variance; board members and staff said that any lot-coverage variance would require additional public notice and could require the applicant to return to a future meeting.
The applicant described the proposal as a small, brick-faced, 1.5-car detached garage that would continue the existing driveway and match paver/driveway materials. Board members asked about adjacency to the closest neighbor at 131 Fairview Road; the applicant said he had spoken with that neighbor and reported their support. Staff provided the lot size as about 0.18 acres and stated the proposed structure footprint at about 308 square feet during the discussion.
The motion recorded by the board read: to "approve an area variance of 9 feet to allow for an accessory structure to be built with no less than 1 foot from the north property line." The board voted unanimously to approve the variance.
Board members and staff cautioned that if a lot-coverage variance is necessary, the applicant would need to comply with the village's notice requirements — which staff said are 10 days — and return at a later date if required. The board also confirmed that prior variances remain attached to the property and that measurements and any conditions should be verified by staff during permitting.
