Zoning board continues Pembroke Road garage-variance hearing to Feb. 13

The Danbury Zoning Board of Appeal on Jan. 9 continued the public hearing on application 24-20, a request for side- and rear-yard variances to legalize a two-story garage rebuilt on an existing foundation on Pembroke Road.

Attorney Neil Marcus, representing the applicant, said the owner rebuilt an older garage on the same footprint but added a second story that triggers zoning review; the application seeks a side-yard variance of approximately 14.3 feet where 25 feet is required and a rear-yard variance of about 18.3 feet where 35 feet is required. Marcus told the board the property is a preexisting nonconforming structure and argued the hardship stems from an earlier zoning change that upzoned the parcel.

Owner Sylvia confirmed on the Zoom that the structure is used as a one-car garage and said the stair to the second floor currently is accessed from outside; she offered to add an interior connection if the board requires it. Staff and board members identified conflicting representations between GIS maps, a town-clerk map and an as-built survey; staff (Sean) said a prior city reviewer had noted “no increase in footprint” and had expected an interior connection for habitable space, while health-department interactions had led the owner to believe expansion was permitted.

To resolve the mapping and plan issues, the board asked staff and the applicant to overlay the town-clerk map and the as-built survey and for staff to perform an interior inspection before the board considers the matter again. Attorney Marcus agreed to coordinate. With that work pending, the board voted to continue application 24-20 to the Feb. 13 ZBA meeting to permit inspection and clearer survey documentation.

Next steps: staff will take interior photos and prepare an as-built overlay for the board; the application will return to the Feb. 13 meeting for further consideration.