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North Bay Board of Appeals recommends approval of three variances for 400 Cross Creek Road
Summary
The Board of Appeals voted to recommend approval of three variances for Dr. Kelly and Mrs. Elderize Von Schilling Worth’s property at 400 Cross Creek Road, advancing the application to the Board of Trustees after debate over a detached garage, a reduced setback and a modest eave-height variance.
The Village of North Bay Board of Appeals voted on Nov. 25 to recommend approval of three variances for a property at 400 Cross Creek Road, advancing the application to the Village Board of Trustees for final consideration.
President Mark Schall called the public hearing to order and, after discussion and public comment, called for a roll-call vote on a motion to recommend approval of all three variances. The vote was: Mark Schall — yes; Chris Veranth — yes; Lisa Englander — no; Rick Hennig — yes; Rocco Castellano — abstain. The petition to advance to the Board of Trustees was approved.
The application, filed Nov. 12, 2024, by Dr. Kelly and Mrs. Elderize Von Schilling Worth sought variances for: construction of a detached garage; an addition/renovation whose eave height exceeded code by about 1–2 feet; and a reduced setback (the plans reference a 15-foot setback compared with the typical 25-foot requirement). The BOA recorded citations to the Village of North Bay Zoning Code, including provisions in section 8.07 (district establishment, use and regulation) and 10.02 (building code and restrictions).
Board members discussed three primary issues. No board member raised concerns about the modest eave-height variance. Several members, including Lisa Englander and Rocco Castellano, expressed reservations about the proposed detached garage and the reduced 15-foot setback. Mr. Castellano noted that the ordinance does not clearly define when a garage is legally 'detached,' and said common practice treats a structure as detached when it does not share a primary load-bearing wall with the house. Ms. Englander read the hearing record’s definition of a breezeway as a pedestrian passage between structures, emphasizing the distinction between a covered connector and an attached structure. President Schall said that when the code is ambiguous, the Board cannot enforce that provision without agreement among members and that the Board reviews variance requests on a case-by-case basis.
A public commenter, Bruce Pepich, asked how the proposed plan differs from existing ordinances and whether granting the variances might set a precedent for future applications; President Schall replied that each application is considered on its individual merits. The applicant submitted a written statement and Dr. Kelly Von Schilling Worth made an in-person statement after arriving at the hearing; the minutes record the statement as submitted but do not include verbatim testimony in the minutes.
The BOA’s recommendation is not the final municipal action. The Board of Trustees will consider the BOA’s recommendation at its next meeting. The BOA adjourned at 7:04 p.m. after a motion by Rocco Castellano and a second from Rick Hennig.
