Speaker numbers apply only to this recording.
The Milford Board of Adjustment convened on June 11, 2026, with three of five members present (later four voted) to consider four variance applications, approve findings of fact from prior meetings, and defer organizational elections. All variance requests were unanimously approved, and no public comments were received in person or online.
Meeting to order the first item is the open public comment period, which is if you signed up to speak on something that's not on the agenda. All right. Chairman, it doesn't appear there's anyone physically present. And if we can check online and see if there's anyone who wants to make a public comment. Is there anyone online who wish to make a comment? Please come forward. There's nobody coming forward. Okay. The open comment period is being closed. We'll move into regular meeting. Please stand and we'll pledge allegiance. We have three of the five members present, so we do have a quorum, so we can move forward. Do we have the previous minutes? Okay. The first item is Sussex Count or Sussex Habitat for Humanity at 21 Columbia Street. Mr. Pierce, we explain the applicant's request. Yes, good morning. This application begins on page five of your packet. This is BOA 325-2026 Sussex Habitat for Humanity 21 Columbia Street. This is a variance application for a property that zoned R2. The property contains a single family detached dwelling that is uh under construction. Again, location is 21 Columbia Street. The applicant's currently constructing a new single family detached dwelling on the property referenced in the packet. During as part of construction inspections, the city requires an as-built survey to be completed and submitted uh between foundation and framing inspections. Uh during review of the as built survey by the uh planning office, it was determined that the uh dwelling is uh constructed closer to the side property line than what was shown on the house placement survey that was provided with the permit application and deviates from what was approved by the Board of Adjustment uh under prior variance applications. In order to allow the dwelling to remain in its current location, uh the applicant has to obtain the following variants. The variance would be from chapter 230-10, paragraph D1G, which states side yards shall be provided as follows. Each lot shall have a two have two side yards, a minimum width of eight feet on each side. The accum applicant seeking permission to reduce the side yard, the southern side yard setback from eight feet to three feet, resulting in a side yard that is five feet less than what is uh required by the zoning code. Uh the board previously approved the variance to reduce the side yard setback from eight feet to four and a half feet for the construction of the dwelling. Uh additionally, uh, unrelated to this side of the structure, uh the board also did prove approve a second variance for the northern side yard setback from eight to one point five seven to allow the construction of the wooden stairs. Section two of the staff report provides staff's analysis of the variance application based on the four criteria used to evaluate an area variance. We have a location and zoning map, which shows the property located along the east side of Columbia Street between Mississippian and Southeast Front Street. Um we have the as built foundation survey, so this is the current location of the structure on the property, and that's the um showing the dimensions uh that are being sought this morning. Uh the applicants provided a narrative of regarding their request. Um because the home is constructed closer than five feet to the property line, it does require specific construction methods to meet the building code related to fire separation within your packet is a uh stamped narrative and description of work that would mean to be need to be done by the property owner in order to comply with the building code. Um again, there's a a wall construction detail. The narrative and the detail have been reviewed by the building official, and the building official finds this uh uh method uh sufficient to meet the building code if the variance is approved this morning. We also have a copy of the zoning code at the end of the packet material uh along with a copy of the public notice. The public notice was advertised in the Daily State News on May 27, 2026, and all properties within 200 feet of the subject parcel were mailed a copy of the public notice for this morning's meeting, and the property is posted with a public note assigned to meet our advertising requirements. Um so with that I'll be available to answer any questions, but the applicants here to go over the request in more detail. Um Mr. Pierce, could you go back to page nine on the survey and just kind of highlight what they're asked what what we've given them before and what they're asking for this time? Sure. So the original uh variance was for four and a half feet from each of the um side property lines. Um and then uh there was a request to um place stairs along the northern side setback area, uh, which resulted in a request to reduce that side yard between the outside limits of those stairs and the property line at 1.57 feet. The request this morning uh pertains to the encroachment along the south side of the property line, which is the left side as you were looking at the exhibit here down to three feet in that back uh back left corner.