Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Zoning topic
No spam. Unsubscribe anytime.
Council remands East Acres Street variance to board of adjustment; staff to review setback policy
Summary
After staff found a variance lacked the three affirmative votes required by ordinance, council remanded a setback variance for 131 East Acres Street back to the board of adjustment for re-hearing and asked staff to compile 10 years of board decisions on setbacks, exceptions and variances.
The Manchester City Council voted to remand a backyard setback variance for 131 East Acres Street back to the board of adjustment after staff concluded the board had not recorded the three affirmative votes ordinance requires.
Staff explained that the board’s earlier 2–1 result did not meet the statutory/ordinance threshold for a valid variance and therefore must be reconsidered or remanded. "We will work with the board. At the time we only had three members there. We will try to get all five or a majority," staff said. The council opted to remand the item for further consideration so the board can obtain a valid vote.
Council members also asked broader questions about front-yard setback policy after noting that one industrial setback is currently 30 feet while many others are 25 feet. Staff said it will pull the last ten years of board-of-adjustment decisions to identify patterns for whether the code or standard setbacks should be revised.
Council did not take a final code-change vote; the action sent the specific 131 East Acres Street variance back to the board for re-hearing and requested a staff report on historical board decisions and possible code amendments. The council reminded members that a subsequent board vote still could be appealed to district court under the local ordinance process.
