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Aldermen say variance for Orange Terrace undercuts code and neighborhood character
Summary
Aldermen representing the 3rd Ward and others argued that a variance reducing a 75‑foot requirement threatens consistency of Middletown's zoning code, citing repeated appeals by neighbors and prior decisions that enforced the numeric rule.
Several aldermen framed the Orange Terrace proposal as a test of whether Middletown will continue to apply numeric zoning standards consistently.
Alderman Ray said residents repeatedly came to planning and zoning hearings to oppose similar exceptions and stressed that the ordinance sets a clear 75‑foot standard: "It says 75, and we have held so many people to that rule," Ray said. He described repeated resubmissions and engineering testimony that suggested small departures from the numeric standard.
Alderman Massey, who said he was not on the committee but spoke in support of ward colleagues, criticized language that allows a "reasonable" deviation and asked whether two feet now and four feet later becomes a slippery slope. Alderman Johnson noted the site's drainage issues and the presence of a retaining wall, calling the variance the "linchpin" that enabled the plan to proceed and asserting that homeowners who followed the rules were being treated inconsistently.
No planning department staff or the applicant presented a defense of the variance during the meeting. Aldermen urged either rescission of the variance and a resubmission for three lots or stronger justification from the applicant and the boards that previously approved the change.
