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Zoning board legalizes rebuilt Kula home after hearing over 1.5-foot setback encroachment
Summary
The Danbury Zoning Board of Appeal voted to reduce the side-yard setback from 25 ft. to 23.6 ft. for 44 South King St., legalizing a home rebuilt after a 2023 fire. Neighbors objected in a letter citing privacy and alleged inspection problems; the board found the variance minimal and necessary.
The Danbury Zoning Board of Appeal approved a variance Thursday to legalize a single-family house at 44 South King Street that was rebuilt after a 2023 fire and now sits about 1.5 feet into the side-yard setback.
Daniella Varela, representing homeowners Georgia and Frank Kula, told the board the original house was destroyed by fire in July 2023 and that demolition and insurance requirements, plus winter construction conditions, led to a final placement slightly off the original foundation. "It was during final review that it was identified that the structure sits approximately a foot and a half within the required side yard setback," Varela said, asking the board to approve the limited variance to avoid unnecessary site disturbance and preserve neighborhood character.
The board read into the record a letter from nearby homeowners James and Michelle Keenan opposing the variance. The Keenans wrote that the change was a "self-created hardship," said the rebuild and relocated shed and deck would harm privacy and property value, and questioned whether a certificate of occupancy had been issued and whether inspections and debris cleanup were handled properly.
Board staff clarified that the building department had ordered demolition of the original foundation and that the encroachment was discovered at final inspection by the zoning enforcement officer. Zoning staff described the issue as a placement error during reconstruction rather than an intentional relocation by the owners.
During discussion, members noted the encroachment was small and that the rebuilt house represents a reduction in the prior nonconforming condition created by an older garage that extended further into the setback. A motion to approve the variance described the relief as "the minimum variance necessary to allow reasonable use of the property" and said it would "not adversely affect the public health, safety, and welfare" when built per the submitted plan.
By roll call the board approved the motion; the applicant thanked the board. The variance reduces the RA-40 side-yard setback from 25 feet to 23.6 feet and legalizes the house as constructed.
The board scheduled its next regular meeting for Feb. 26, 2026.
