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Zoning board denies Orleans couple’s request to shrink side and rear setbacks

Zoning Board of Adjustment · August 20, 2025
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Summary

The Orleans Zoning Board of Adjustment unanimously denied Aug. 20 requests by Dick and Deb Christensen to reduce side and rear yard setbacks for a proposed 56-by-56-foot building, finding the applicants did not demonstrate the legal hardship required for variances after neighbors submitted written and spoken objections.

The Orleans Zoning Board of Adjustment voted unanimously Aug. 20 to deny variance requests by Dick and Deb Christensen that would have reduced side and rear yard setbacks for a proposed 56-by-56-foot building.

Chair Hoss opened the public hearing after the board confirmed agenda and notice requirements. The Christensens told the board they bought the property in June 2025 and revised their application to withdraw an originally requested front-yard variance. They said the remaining variances were needed to store a large motor home and to add a lean-to on the east side of the building; the applicants said when the motor home’s slides are extended the vehicle would protrude beyond current setback limits.

Neighbors and written correspondents opposed the requests. Dave Wells, the owner of the property immediately east of the lot, said he preferred development to an overgrown vacant lot but opposed making an exception to the commercial-district setback standard. Chair Hoss read letters submitted by Eric Anderson and by Stephan Moreno, the owner of the property north of the Christensen lot; Eric Wells also spoke in opposition. Bob Kirschbaum spoke in favor of the variances.

City staff member Darren Bumgarner cautioned that Orleans ordinances limit habitation of a motor home on private property to 14 days within any three-month period and said the Christensens would need to comply with that rule if they intended to use the vehicle as temporary housing.

After closing the public hearing at 5:37 p.m., the board conducted its evaluation using the four legal factors required for a variance. For each of the three remaining setback requests — a left-side yard of 5 feet (minimum 10), a rear yard of 5 feet (minimum 20), and a right-side yard of 5 feet (minimum 25 or 10 depending on a pending ordinance amendment) — every board member answered that the factor was not met.

Schmidt moved, and Hanby seconded, a motion to deny the variances for the rear yard and both side yards; the motion carried with all members voting in favor. The board adjourned at 5:46 p.m.

The board’s written record lists the application as #7-25-1-V and cites Section 9.5 of the 2017 Orleans Zoning Ordinance as the standard governing site development setbacks. The record does not indicate any follow-up direction to staff or a conditional approval; the variances were denied outright.