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Zoning board approves rear decks and condenser setback relief for Girard Avenue property
Summary
The Newport Zoning Board granted a variance allowing four rear decks and ground‑level AC condensers that encroach into a side‑yard setback for NRI properties on Girard Avenue, conditioning the approval on project start/completion timelines and payment of public‑notice costs.
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The Newport Zoning Board of Review voted unanimously to grant a dimensional variance to NRI to allow four 4‑by‑8 rear decks and ground‑level air‑conditioning condensers that encroach into a side‑yard setback at the Girard Avenue property. The board adopted staff findings and the record and attached conditions requiring the project be started and substantially completed within 12 months of the decision (or an approved extension) and that outstanding public‑notice invoices be paid before recording.
Attorney Jay Lynch, representing the owner, told the board the application reflects incremental changes to a long‑running multi‑unit project that previously was reduced because of stormwater management; he said the owner later may return seeking permission for additional units. Lynch summarized that prior approvals and recent site clearing prompted requests for small exterior additions and condenser placement behind the building where a bordering fence limits relocation options.
Board members pressed Lynch about options to locate condensers elsewhere and about the fence that dictates setback calculations. After discussion Mr. Riley moved to adopt the staff report and grant the petition under Newport Zoning Ordinance chapter 17.108; the motion carried on a unanimous vote. The board asked Lynch to prepare the written decision and file it with staff.
The decision requires timely project start and completion or an approved extension and payment of outstanding administrative fees as conditions of recordation. No objectors were present at the abbreviated calendar item.
