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Board grants 11-inch side-yard variance for new house at 320 Harbor; vote 5-1
Summary
The Swansea Planning & Zoning Board approved an 11-inch side-yard variance allowing a new dwelling at 320 Harbor to have a 9-foot-1-inch east-side setback rather than the 10-foot requirement. The building and zoning director recommended approval; one board member dissented, and the director reported the vote as 5 to 1.
The Swansea Planning & Zoning Board voted to approve a side-yard variance for a proposed house at 320 Harbor, granting an 11-inch variance that allows a 9-foot-1-inch east-side setback where the zoning district requires 10 feet.
The building and zoning director presented the application and noted that while several existing homes in the subdivision visually appear to sit closer than current code requires, a new build typically must meet current zoning unless grandfathered conditions apply. The director said the applicant had submitted required materials and recommended approval after reviewing plats and easements.
The applicant, who stated he is the owner and plans to be the builder, described using insulated concrete forms (ICF) and a design that constrained the building envelope. A board member questioned whether the application met the hardship standard in the code, arguing the claimed difficulties appeared avoidable and warning against opening the door to exceptions that could undermine setback standards. Another board member noted that because this is the last lot in the subdivision, approval would not set a broad precedent for new lots.
Staff confirmed there was no encroachment on recorded easements and noted utility arrangements that influenced garage placement. A motion to approve the variance was moved and seconded. The director later stated the motion carried by a 5-to-1 vote.
The director said the approval is a recommendation to the Board of Trustees and reminded the applicant that building permits and applicable code requirements still apply. The applicant was thanked and the board moved to its next item.
