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Danbury ZBA approves reduced-variance plan for 5 Clark Street after applicant trims project to two units
Summary
The Danbury City Zoning Board of Appeals on May 28 approved a revised variance allowing a two-family dwelling at 5 Clark Street after the applicant reduced units and eliminated several variance requests; a board member asked staff to obtain a fire-department review for side-yard access.
The Danbury City Zoning Board of Appeals approved a revised variance for 5 Clark Street on May 28, allowing construction of a two-family dwelling with reduced lot-width and side-yard setbacks. Applicant Thomas Nejame told the board he pared the project from three units to two and moved front parking to the rear to address members’ concerns.
The approval came after board members discussed public‑safety access and whether the fire department should review the site. Barry Rickert, a board member, said he visited the property and asked for an official note from the fire department to confirm ladder‑truck or ground‑ladder access to the right side of the building. “I would like a note that the fire department has visited the site,” Rickert said, noting the importance of emergency access even for two-family dwellings.
Nejame gave specific measurements and said the driveway and a shared access should leave adequate room: “a standard size driveway is 12 feet, and it is 12 feet … we have a total of 16 feet there,” he told the board. Zoning staff explained that routine fire‑marshal review generally applies to larger multiunit projects and that the current request was for setback variances, not a fire‑code waiver.
The motion to approve cited Section 11(b) of the zoning regulations, finding the requested variances to be the minimum necessary for reasonable use of an undersized lot; it included reduced minimum lot width and reduced easterly side-yard setback, allowance to waive a front‑facing entrance for a rear unit, and permission for grading within five feet of the property line per the revised site plan. The applicant thanked the board after the vote.
Why it matters: The decision reflects a common ZBA dilemma—balancing homeowners’ desire to use legally nonconforming lots with neighbors’ public‑safety and privacy concerns. Board members said departments within Danbury City would enforce building and fire codes during later permitting and inspection stages.
Next steps: The applicant may proceed with the permitting process; the board record shows the applicant will follow up with staff on a fire‑department review.
