When it comes to side setback variances, the one the Rochester Zoning Board of Appeals granted Danny and Victoria Hughes of 549 Walnut Plain Road on February 23 “isn’t the largest variance we’ve ever issued,” said Chairman Richard Cutler.
The request to build a 24-foot by 24-foot garage accessory structure under the mandatory side setback to the property line resulted in a 2-foot variance granted with the condition that a front-yard fence be removed or pushed back onto the owners’ property and away from the road.
The Hugheses are also not permitted to convert the structure into a residence or rental or to engage it in commercial use.
Mr. Hughes explained a discrepancy with the foundation that was poured too close to the side setback, wondering if perhaps the stakes were moved for some reason. He assured the board that he told the contractors the structure had to be 40 feet from the property line, but it was placed a number of inches under that.
“I highly doubt anyone moved it eight inches,” Hughes said. “We were forty feet, six inches … on that side setback so I don’t know.”
Hughes plans to use the barn structure as a shop of sorts to store tools and perform woodworking and other activities.
“I don’t see any big issues except we need to require the fence be put back,” said Cutler. He said the fence placement was “an honest mistake.”
The next meeting of the Rochester Zoning Board of Appeals is scheduled for March 23 at 7:00 pm at the Rochester Town Hall.
By Jean Perry