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Staff recommends amnesty relief for accessory structure; borough to issue administrative decision within 15 days
Summary
Planning staff recommended amnesty relief for a detached accessory structure at 2806 Eddy Lane, finding it meets the five eligibility criteria; no applicant or public testimony appeared and the borough’s planning department has up to 15 days to issue the administrative determination, which may be appealed.
Planning staff recommended amnesty relief on Oct. 16, 2025, for an existing detached accessory structure (referred to by the applicant as a garage) at 2806 Eddy Lane in the Burgerville Subdivision, but staff cautioned that the final administrative determination would be issued by the community planning department after the hearing.
Madam Clerk read AM2026-3: a request by Natalie Kimberlin for amnesty relief because the accessory structure sits about 20.5 feet from the north lot line where the rural residential zoning district requires a 25-foot setback and the property is within the groundwater damage protection overlay. Sarah Bingham, planning staff, presented the file and explained the five amnesty eligibility criteria: the violation cannot qualify as legal nonconforming; the violation must have existed by July 21, 2010; it must not pose a public-health or safety hazard; it must meet dimensional thresholds (no greater than 75 feet and at least 3 feet difference); and the building and lot must comply with other FNSB plotting and zoning requirements.
Bingham said the file shows the structure was denied legal nonconforming status in 2015, assessing photos from 1997 and 2008 and a 2021 image show no additions, the lot was legally created in 1988, and staff found no complaints from neighboring property owners. She told the hearing that "staff does find that all of these criteria have been met, and we recommend approval for amnesty release status for this accessory structure." The applicant did not appear in the chambers or on Zoom and no interested-person testimony was offered.
Hearing officer Kellen Spillman closed public testimony and explained that determinations for amnesty relief are not made at the hearing: "determinations are not made at the public hearing, but the department has, up to 15 days after the hearing to issue an administrative decision." That administrative decision may be appealed to the borough clerk’s office within 15 days after the determination is mailed.
Because the administrative decision is issued by staff after the hearing, the borough’s planning department file will record the final outcome and any appeals.
