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Clinton zoning board grants Kilgore setback variance for bedroom-bathroom addition
Summary
The Town of Clinton Zoning Board of Appeals approved a 5-foot side-yard variance for Dana Kilgore at 4 Story Lane, reducing the setback from 50 to 45 feet to allow a 26-by-18 bedroom-bathroom addition; approval includes conditions verifying certificates of occupancy for existing structures and requiring permits for accessory buildings.
The Town of Clinton Zoning Board of Appeals approved an area variance to reduce a side-yard setback from 50 feet to 45 feet for property at 4 Story Lane, allowing applicant Dana Kilgore to attach a 26-by-18 bedroom-bathroom addition to the south side of the house.
Dana Kilgore, the applicant, told the board: "My name is Dana Kilgore. I live on, Story Lane, and I wanna put a bedroom bathroom addition on the south side of the house." Kilgore said the work is meant to provide first-floor living options and requested a 5-foot variance so the addition could meet the setback requirement.
The board's summary of facts noted the lot narrows toward the rear, contains rock outcroppings and steep grades, and is already nonconforming. The zoning administrator said the home's septic field is designed for a three-bedroom residence and that the house currently has two bedrooms, so adding a third bedroom would not exceed septic capacity. The planning board met on Sept. 3 and voted unanimously to recommend approval; planning staff had earlier listed a reduced setback of 48.6 feet in their materials, but the applicant's application and the board proceeded on the 5-foot reduction (50 feet to 45 feet) requested by Kilgore.
Board discussion emphasized the practical difficulties of building elsewhere on the parcel because of topography. A board member summarized the request as follows: "The request is 5 feet." The public hearing was opened and closed with no public comments recorded.
The board approved a motion granting the area variance to Section 250 Attachment 2 (bulk regulations) in the AR-3 zoning district for the parcel (tax map ending in 812011). The approval included two conditions stated on the record: verification that certificates of occupancy (COs) for two existing accessory structures are closed/verified, and that all accessory structures obtain required certificates of occupancy or permit closures before final clearance. The motion also stated the action is Type II under SEQR and requires no further environmental review.
The board's finding listed that the addition would be more than 80 feet from the nearest neighbor, that the 18-foot width fits the lot's layout and existing walkways, and that the benefit cannot be practically achieved elsewhere on the parcel due to topography and boundaries. No vote roll-call with individual member votes was provided in the transcript; the chair called for assent and the motion carried by voice vote.
