South Russell BZA approves side-yard variance and accessory structure at 83 Maple Hill Drive with stormwater conditions

The Village of South Russell Board of Zoning Appeals on Wednesday approved requests by a homeowner to replace an existing outbuilding at 83 Maple Hill Drive with a new accessory structure, granting a 10-foot side-yard variance and approving the proposed building size, subject to conditions addressing stormwater.

The applicant, identified in the hearing as Ms. Partain, told the board the existing outbuilding is old and that the plan is to tear it down and erect a new structure on the same footprint to improve the property and provide storage. “We’re just trying to make our property nicer,” she said, describing plans to remove several additions and replace them with a single, updated building.

Neighbors and board members focused much of the discussion on runoff and neighborhood character. Andy Snell, who said he lives immediately west on Silver Springs Trail, told the board his primary concern was increased runoff from added impervious surfaces. “Our concern is the less soil to absorb and a lot more water run,” Snell said, asking the board to consider how gutters, patios and the canopy would be managed.

Board members pressed the applicant and staff for technical details. The discussion noted the applicant’s property already contained a nonconforming structure that predated current zoning; the board heard that the proposal would replace an existing roofed area of about 1,008 square feet and that the applicant’s proposal includes a 960-square-foot building plus a 260-square-foot canopy, for a combined roofed footprint of roughly 1,220 square feet. The application lists the proposed roof and canopy height at 15 feet, which the board confirmed matches code and requires no additional height variance.

To address runoff concerns, a board member recommended conditions requiring the applicant to submit a site plan and for the village engineer to review and approve stormwater mitigation measures, including sizing of a French drain or equivalent to handle runoff from the roof and canopy. The board said any final approval would be contingent on the village engineer’s sign-off and on Architectural Board of Review (ABR) approval for exterior appearance.

Marty O’Toole and other members voiced concern about precedent and neighborhood character, saying that if a similar proposal were presented as a new build it might not pass in a neighborhood of smaller accessory structures. “If this structure didn’t already exist and it came here asking to build what you’re asking to build, I think it would have a very hard time getting approval,” O’Toole said. Other board members noted the structure is existing and that the replacement would be an improvement in appearance.

After discussion the chair moved to approve a 10-foot side-yard variance to allow the accessory structure to be no closer than 10 feet to the property line, conditioned on village engineer review and approval of a site plan for water mitigation and ABR approval; a second motion approved the building size (960 sq ft) and canopy (260 sq ft). The motions were seconded and the board recorded affirmative votes.

The board also performed a swearing-in earlier in the meeting for John Huda to serve as a BZA member. With no additional new or old business, the meeting adjourned at about 7:40 a.m.

The board’s approvals are subject to the engineer’s review for stormwater mitigation; the applicant must provide a site plan showing how gutters, downspouts and any French drain will be sized and routed to prevent increased runoff onto neighboring properties. The ABR must also sign off on exterior materials and appearance before permits are issued.