Chet
Cyburbian Emeritus
- Messages
- 10,623
- Points
- 34
Planners, please opine on this:
Petitioner has a vacant legal nonconforming parcel. We permit construction on such parcels provided that the structure meets setback requirements, and provided that 75% of the parcel is green space.
Petitioner proposes a ranch home and attached 2 car garage which exceeds the open space requirements by approximately 220 square feet.
Petitioner is advised that the Zoning Board of Appeals is unlikely to grant the open space variance, as there are options available, including reduction in the floor area of the garage, or 2 story homes of equal or greater square footage. A ranch small enough to meet open space would not meet code for minimum home size.
Petitioner advises that due to documented disabilities, a two story configuration is not an option for the family.
At what point does reasonable accomodation of ADA trump the ZBA - especially on new construction. Is a 2 car garage reasonably necessary? Would ADA require the petitioner to follow code as closely as possible (ex: building the 1200 sq ft ranch with a 20 sq ft variance)?
Petitioner has a vacant legal nonconforming parcel. We permit construction on such parcels provided that the structure meets setback requirements, and provided that 75% of the parcel is green space.
Petitioner proposes a ranch home and attached 2 car garage which exceeds the open space requirements by approximately 220 square feet.
Petitioner is advised that the Zoning Board of Appeals is unlikely to grant the open space variance, as there are options available, including reduction in the floor area of the garage, or 2 story homes of equal or greater square footage. A ranch small enough to meet open space would not meet code for minimum home size.
Petitioner advises that due to documented disabilities, a two story configuration is not an option for the family.
At what point does reasonable accomodation of ADA trump the ZBA - especially on new construction. Is a 2 car garage reasonably necessary? Would ADA require the petitioner to follow code as closely as possible (ex: building the 1200 sq ft ranch with a 20 sq ft variance)?