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Zoning Board Approves Controversial Building Waiver

September 05, 2024 | Concord, Merrimack County , New Hampshire


This article was created by AI summarizing key points discussed. AI makes mistakes, so for full details and context, please refer to the video of the full meeting. Please report any errors so we can fix them. Report an error »

Zoning Board Approves Controversial Building Waiver
In a recent government meeting, the Zoning Board of Adjustment (ZBA) granted a variance for a property lacking proper street frontage, allowing for the construction of a single-family home. The decision, which passed with a 4-1 vote, was based on the assertion that the property could not be utilized without the variance due to its unique circumstances.

The discussion highlighted the hardship faced by the property owner, who argued that the lot had no other viable use. Board members noted that no neighbors opposed the variance, suggesting that the development would not alter the character of the neighborhood. The variance was deemed to align with the spirit of zoning laws, ensuring substantial justice was served.

The meeting also addressed RSA 674:41, which outlines the criteria for issuing building permits on lots without proper street access. The board discussed the implications of granting a waiver from these requirements, emphasizing that the existing driveway had historically provided adequate access for emergency services. However, concerns were raised regarding the potential risks of allowing further development without formal street designation.

Code enforcement officials expressed reservations about the ZBA's authority in this matter, suggesting that the issue might be better suited for the planning board or city council. They recommended that any approval include a liability waiver to protect the city from maintenance responsibilities.

Despite differing opinions on the appropriate course of action, the board ultimately decided to proceed with the waiver request, citing the need for efficient resolution for the applicant. The meeting underscored the complexities of zoning regulations and the balancing act between facilitating development and ensuring public safety.

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Scribe from Workplace AI
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