Warren Zoning Board denies variance to retain widened driveway at 11415 Irene

The Warren Zoning Board of Appeals on Oct. 8 denied a variance request from homeowner Kazim Zahir to retain a widened concrete driveway at 11415 Irene, saying the change did not meet the board’s criteria for granting a variance.

The board voted to deny the petition after a motion from board member Mr. Lindsey, supported by Mr. Perry. A roll call showed the motion carried with unanimous votes recorded in favor of denial by Mr. Lindsey, Mr. White, Mr. Green, Mr. Clift, Mr. Assessor, Mr. Jersey and Chairman Starovich.

John Harrington, an attorney representing Zahir, told the board the driveway was widened because the existing apron is narrow for two cars and the family parked on the grass; he said neighbors to the east and west, William Marbury and Myron Beck, submitted written statements of no objection. Harrington said the owner paid about $3,300 for the work and believed he did not need city approval.

Several board members said the record did not show the property met the legal standards for a variance. “Our ordinance in the city is very, very clear. The driveway is from one edge of the garage to the other edge of the garage,” Mr. Green said, adding he did not observe the street having been narrowed. Mr. Lindsey and other members said the board must find an unusual hardship or uniqueness of the property and that the condition could not be self-imposed; several members said those criteria were not satisfied.

Mr. Jersey and other members noted they received supplemental photos and neighbor statements but maintained that widespread allowance of driveway widenings could become a neighborhood detriment. Board members repeatedly described the request as a self-imposed deviation rather than a demonstrated necessity.

The motion to deny specified that the variance was denied because there was no unreasonable impact or burden, the condition was self-imposed, the property was not unique, the change would be a detriment to the neighborhood, and the request appeared personal rather than necessary.

With the denial, the widened portion of concrete in the front setback — identified in the application as extending 6 feet, 2 inches from the east corner of the garage toward the east property line — must be addressed in accordance with city requirements.

The board also noted the item had previously resulted in a 4-4 vote at an earlier hearing and was remanded back to the board by a court; the current denial closes the matter before the board unless the applicant pursues further legal or administrative options.