2017-07-13-ZBA-min - Laserfiche WebLink

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which was 2 times as large (Ms. Busa responded that it doesn’t affect it since the shed was already existing). Mr. Clifford asked what street the original house faced (Ms. Busa responded Skyview Road). A Board Member, Mr. David G. Williams, asked Ms. Busa how they received the Certificate of Occupancy if this matter hasn’t been cleared up (Ms. Busa responded that they brought it up when they applied for the Certificate of Occupancy and it wasn’t clear when they originally applied for the building permit that they needed to include the shed. They received a Certificate of Occupancy but the Building Commissioner requested they put in a request for a Special Permit). Mr. Williams asked if the shed was originally used as a garage (Ms. Busa responded that it’s an old garage and it used to have a driveway. It is now only used for storage). Mr. Williams stated that if he votes for it, he proposes a condition that they would make it look like a shed instead of a garage. Mr. Clifford asked if the Board would do that as a condition to a special permit since it looks like an additional garage. The Zoning Administrator, Mr. David George, stated that they would be allowed to make a condition if the applicant agrees. Staff would need the applicant to do a sketch of what is proposed, so the decision has something to be based on. The Chairwoman, Ms. Jeanne K. Krieger, read the Planning Director’s comments out loud. An audience member, Ms. Marcia Mitchell, 21 Skyview Road, spoke in opposition to the petition. She thinks they were aware that they would be going over the allowable gross floor area and they are pushing the limits. Ms. Krieger stated that at a minimum they would ask for a condition that the structure be changed to appear more as a shed than a garage. Mr. Clifford and Mr. Williams stated they are in favor of tearing it down due to the structure not fitting the lot with the new home. The streetscape would be improved if the shed was gone. There were no further questions or comments from the Board. There were no questions from the audience. The Chairwoman closed the hearing at 7:55 pm. On a motion by Martha C. Wood and seconded by Ralph D. Clifford, the Board voted 1-4 to approve a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-9.4 and 135-4.4.3 to allow a gross floor area of 7,076 sq. ft. instead of the allowable 6,933 sq. ft with the condition that the shed structure be modified so that it looks like a shed, not a garage. A 4-1 vote was needed and therefore the motion was denied.