Danbury zoning board approves retaining-wall and front-yard setback variances

The Danbury City Zoning Board of Appeals approved two property variances during its Dec. 12 meeting, allowing grading and a retaining wall at a Candlewood Lake property and a sharply reduced front-yard setback at a corner lot on Valley Stream Drive.

Robert Sherwood, the landscape architect representing client Percy Farris, presented the planned renovation at 31 Moody Lane, saying the revised site plan “removed some hardscaping” and “added a lot of mitigation landscaping” and drainage to address the new impervious surfaces. He told the board the proposal calls for a small terrace and “a wall along the property line here, which will be about 6 inches off of the property line,” and said the retaining wall would be about 4 feet high and “we're more than likely gonna have to use a modular block wall that will be engineered.” Board members asked whether approval would conflict with a separate review of the 440 contour by the utility/rights-holder; staff responded there would be no conflict and noted a portion of the terrace crosses the 440 line but is under the 150-square-foot allowance the applicant cited.

After closing the public hearing with no speakers in opposition, the board opened the item for a vote. A motion to approve grading within 5 feet of the property line for construction of the retaining wall, per the plan submitted, passed with affirmative votes from members in attendance. The motion was made by Mister Ribeiro and seconded by Mister Rivas.

On 11 Valley Stream Drive, the occupant-applicant described a 24-by-24 addition and argued the corner lot geometry and a dead-end easement on Adeline Drive create a legitimate hardship. The applicant said the proposed addition would not extend farther than the existing structure and described the request as space for storage rather than a new driveway. “Basically, what this is is an addition. It's a 24 by 24 addition,” the applicant told the board, and provided aerial exhibits, maps and photos showing distances to the road and neighboring structures.

A board member moved to approve application 24-1911, granting a reduced front-yard setback on Adeline Drive from 30 feet to 2 feet; the motion cited the dead-end easement and the city’s prior placement of the easement in the 1960s. Members said the variance is in harmony with the zoning district’s intent and would not adversely affect public health, safety or welfare. The motion carried following a second and multiple affirmative votes.

What happens next

Both approvals were granted per the plans submitted; applicants were reminded that other approvals (such as from the utility/right-of-way holder where the terrace crosses the 440 contour) may still be required. The board moved on to officer nominations and other housekeeping before adjourning.