Board approves garage rebuild, setback and height variances and a special-use permit at 61—63 K Street

The Newport Zoning Board of Review voted unanimously on Oct. 27 to approve a redevelopment plan at 61——63 K Street that replaces an existing three-stall garage with a two-story building containing a two-car garage and a dwelling unit above, relocates one of the three existing dwelling units into the new structure and adds an exterior stair tower to the primary house.

Attorney J. Russell Jackson described the proposal as a way for the owner, Cynthia Barton, to consolidate living space and provide a separate dwelling unit above the replacement garage while preserving the primary historic residence. "The applicant desires to maintain the three dwelling units and what they'd like to do is... convert the First And Second Floor of the residence into essentially the owner's unit... they'll keep a dwelling unit on the Third Floor, and then the third dwelling unit they're proposing to move to the location where the current 3 stall garage is," Jackson said.

The application required three zoning variances and a Category 1 special-use permit: (1) a side-setback variance to allow the replacement structure 1 foot 7 inches from the east property line where 10 feet is required; (2) a height variance (the new stair tower reaches 33 feet 7 inches where 30 feet is permitted) needed to match the main house roofline and provide a separate means of egress; and (3) a special-use finding related to reconfiguring dwelling units on the lot.

Real-estate expert James Houle testified the property's existing footprint, the historic placement of the garage, and the neighbor's preference justified keeping the new building in the same location as the garage rather than moving it to meet a 10-foot setback. "The hardship is just simply the size of the lot and the inability to get out of your parking," Houle said, noting the property's 16,000-square-foot lot and that moving the garage would disrupt backyard gardens and a neighbor's view corridor.

Board members also discussed parking and circulation. Counsel and the applicant said the property includes both a semicircular driveway and a longer drive to the proposed garage; while the two curb cuts and drives do not meet the literal two-way/24-foot aisle standard, the board concluded there is sufficient on-site maneuvering to avoid reversing into K Street.

Neighbors who addressed the board offered conditional support for preserving the replacement structure in its current position; one abutter said moving the garage back would be detrimental to their garden and yard light. Elaine Nigro, a nearby resident, asked the board to ensure screening and to minimize privacy and noise impacts because the new structure would place occupied living space closer to neighboring yards.

Vice Chair Dave Riley moved the motion to approve; the board adopted findings that the existing site conditions and building placement established the hardship and that the proposal met the standards for the requested variances and the Category 1 special-use permit. The motion included standard conditions that the project must be substantially started and completed within 12 months (or as extended) and that public-noticing invoices be paid prior to recording.