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Zoning board approves variance for two retaining walls at 47 Sheridan Street after neighbors warn of collapse risk

Danbury Zoning Board of Appeals · November 14, 2024
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Summary

The Danbury Zoning Board of Appeals approved a variance allowing two retaining walls at 47 Sheridan Street so an owner can replace a failing wall; neighbors urged faster action, and staff said engineered plans and building permits are required before work proceeds.

The Danbury Zoning Board of Appeals voted to approve a variance for 47 Sheridan Street so the owner can replace a deteriorating retaining wall with a two-wall, tiered system, after neighbors and board members raised public-safety concerns.

The board opened the public hearing on application 24-17 and heard from Louis, a contractor representing the owner, who said the existing wall is cracked and unstable and that a demolition and rebuild are necessary. "Looking for a permit to to fix this wall because this wall, they got too much," Louis told the board.

A nearby resident, who identified his address as 19 Casper Street, urged the board to move quickly. "That wall borders my property ... That wall is extremely big and extremely dangerous," the resident said, adding that he had been told the wall would be fixed in 2020 and that he feared for his grandchildren.

City staff told the board the project was first started without permits, that the applicant then submitted a revised A2 survey showing two walls, and that the additional wall is a tiered grading solution. Staff said engineering and permitting remain required: "The walls would have to be engineered by a licensed engineer, and, a building permit would have to be issued," a staff member said, noting inspections and final engineer certification would follow construction.

During board discussion a member described the situation as an emergency for public safety and moved to approve the variance to allow excavation within five feet of the property line for construction of two retaining walls as shown on the submitted plans. The board member characterized the hardship as "the minimum variance necessary in order to allow reasonable use of the property" and said the work would improve public safety for neighbors.

The record shows board members voiced "Aye" and the motion carried. The decision was framed as approval of the revised plans and will be subject to the usual building-permit review, required engineering drawings and inspection schedule; staff said they would prioritize permit processing for the neighbor's safety.

Next steps: the applicant must obtain engineered plans sealed by a licensed engineer, secure a building permit from the building department and pass required inspections; the engineer must certify the completed work before the board’s action is final in practice.