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Board continues decision on lakefront overhang variance at 118 Scenic View Lane
Summary
The Board continued variance ZV2026006 for 118 Scenic View Lane after finding the record lacked sufficient evidence that drainage, retaining walls and topography created the non-self-created hardship necessary to allow a 12-inch encroaching roof overhang into the 35-foot lakefront setback.
The Board of Adjustment voted to continue variance ZV2026006 for the property at 118 Scenic View Lane to the July meeting, concluding the submitted record did not clearly demonstrate the non-self-created practical hardship required to authorize expansion of an existing nonconforming lakefront encroachment.
Property owners Michael and Elizabeth De Caetani and contractor Robert Jacobelly testified that the roof overhang and guttering were installed to protect the structure, redirect water away from the retaining wall, and reduce potential erosion. Staff reported prior stop-work orders and explained that the ordinance generally prohibits expanding legal nonconforming structures except through the variance process. Board members noted alternative materials or methods (for example, synthetic fascia) might address maintenance concerns without increasing setback encroachment. Al Joyner moved to continue the case until July; David Lusk seconded and the motion passed unanimously. The Board requested additional, specific evidence to demonstrate that the site's retaining walls, topography and drainage conditions create a hardship that cannot be addressed by alternative construction techniques.
