ZBA denies new-build height variance at 38 Westmeir Avenue without prejudice after members question roof height and half‑story

The Norwalk City Zoning Board of Appeals on June 18 declined to approve a variance request for a new single-family residence at 38 Westmeir Avenue, ultimately voting to deny the application without prejudice to allow the applicants to revise plans and return.

Attorney Liz Sachi told the board the applicants had revised plans since the prior hearing, reducing the total requested height variance by about 15 inches and the midpoint height request by about 10 inches. Architects from Neil Hal Architects outlined site hardships — a sewer easement that bisects the lot, coastal jurisdiction buffers and VE/AE flood-zone constraints — and presented engineering and HVAC strategies intended to minimize the structure’s height while achieving flood compliance. Presenters said the revised design reduces the building coverage from about 1,795 square feet to 1,656 square feet and that the proposed home is roughly 500 square feet larger in total floor area than the existing building. Presenters also quantified denied vs requested volume, saying approximately 67,000 cubic feet of potential volume is unavailable because of site hardships while the volume sought by the ridge variance was quoted as roughly 443 cubic feet.

Board members commended the architectural work but debated whether a new build in the coastal flood zone should be held strictly to the 40-foot height limit. Several commissioners said they were reluctant to set a precedent of approving new houses that exceed the zoning height on new construction in flood-prone areas; others noted raising the existing house would require even larger variances. The applicant, Paul, said the design includes an elevator to allow the owners to age in place and referenced his wife Kathy’s long-term health concerns as part of their need for accessibility.

A motion to approve the zoning portion of the application was made and seconded but failed in the roll call. The board then voted to deny the application without prejudice, 4–1, allowing the applicants to redesign (including potential roof-form adjustments or other reductions) and return for reconsideration. The board directed staff to work with the applicants to clarify what reductions would be required to meet the board’s expectation for roof height and half‑story treatment in coastal/flood zones.

The application also involves a statutory coastal-area review under the Connecticut Coastal Management Act; the board noted that any future resubmission will also go to the Planning and Zoning Commission for coastal site-plan review and referral to relevant state or harbor-management reviewers.