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Board approves side-yard sheds on waterfront lot despite fire-access concerns
Summary
The Fort Smith Zoning Board approved a side-yard setback relief to allow two storage sheds at 60 Riverside Ave, finding flood-abatement storage needs and substandard lot conditions justified the relief, while one board member raised concerns about an 18-inch access gap for emergency responders.
The Fort Smith Zoning Board approved a request by Michael (Mike) and Mary Zani to retain and permit two storage sheds placed in the side yard at 60 Riverside Ave, a waterfront property in Portsmouth. Counsel Michelle Hawes and the applicant explained the rear yard is constrained by a preexisting deck, waterfront access and repeated flooding, and said the sheds store flood-abatement equipment including pumps and sandbags.
Board members discussed statutory dimensional-variance criteria for substandard lots and considered neighborhood precedent for side-yard sheds in the area. One member raised a safety concern, noting the gap between the shed wall and the property fence measured approximately 18 inches and asking whether that narrow space would allow firefighters adequate access. Counsel and the applicant responded that a fence had been removed previously and that the applicant’s rehabilitation had increased access on the ground floor; the board also noted the location of fuel-containing containers would be in the forward shed with access from the street.
After deliberation, several members said the statutory criteria for a dimensional variance were met — substandard lot size, demonstrated hardship (lack of basement/garage, frequent flooding), and the configuration’s compatibility with neighborhood patterns — and they voted to approve the setback relief. The board recorded votes in favor and the petition passed.
