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Area Variance Approvals

2025last touched · 12 source resolutions
↑Village/Rules/Policies/Adopted/area_variances
Resolutions granting or denying area variances from dimensional zoning requirements for specific properties.
In force, by year of last update
2025
Front Yard Setback Variance Denial — 2 Fraleigh Street
The requested 7-foot front yard setback variance for 2 Fraleigh Street is denied. However, the applicant is permitted to construct a covered stoop over the front door with dimensions not to exceed 4 feet in depth from the house and 8 feet in width.[12]
2024
Fence Height Variance — 52 W. Market Street (Church Street Nursery School)
An area variance is approved for 52 W. Market Street (Tax Parcel ID 6272-10-357737) granting a 1-foot variance increasing fence height from 4 feet to 5 feet. The variance is conditioned on its purpose being the safety of a school playground.[9][10]
Side Yard Setback Variance — 15 Church Street
An area variance is approved for 15 Church Street (Tax Parcel ID 6272-10-358703) providing relief under Section 200-9-D-(12)-(b) reducing the side yard setback from 10 feet to 3 feet 7 inches, and relief under Section 200-9-D-(11) increasing lot coverage from 15% to 16.46%.[11]
2023
Pre-Existing Non-Conforming Use — 26 Elizabeth Street
The Code Enforcement Officer's violation against 26 Elizabeth Street (Elizabeth 26 LLC) alleging an illegal three-family use is reversed. The property's use as a three-family or three-apartment residential structure is recognized as a pre-existing non-conforming use predating the Village's adoption of zoning in or about September 1955. The owner remains responsible for compliance with all other applicable building, fire, and zoning requirements.[5]
Fair Housing Accommodation — Pygmy Goats at 25 Fisk Street
The Code Enforcement Officer's violation requiring removal of goats from 25 Fisk Street is reversed as a reasonable accommodation under the Fair Housing Act (42 USCA § 3604(f)) to support the documented psychological needs of the owners' minor daughter. Only the five Nigerian Dwarf pygmy goats present at the time of the violation are accommodated, for so long as the need for the accommodation exists; no additional goats or breeding are permitted, and all other applicable local laws (including noise and odor regulations) remain enforceable.[6]
Fence Height Variance — 2 Cambridge Drive
An area variance is approved for 2 Cambridge Drive (Tax Parcel ID 6272-14-258489) per application dated 8-2-2023, allowing fence height to increase from 3 feet to 6 feet with no stipulations.[7]
Pool Setback Variances — 4 Kent Road
Two area variances (side yard and rear yard) are approved for 4 Kent Road (Tax Parcel ID 6272-09-204526) per application dated 9-12-2023, reducing both setbacks to 5 feet for an inground pool installation, with no stipulations.[8]
2021
Side Yard Setback Variance — 28 Prince Street Carport
An area variance is granted for 28 Prince Street (Tax No. 6272-10-337721) allowing a side yard setback of 0 feet where 15 feet is required, permitting the existing carport at the property line. The door accessing the porch from the second floor of the dwelling shall be removed, the roof of the carport shall not be used as living space, and wooden railings may remain as a decorative element only.[4]
2016
Lot Size Variance — 30 Prince Street
An area variance is approved for 30 Prince Street relieving the lot size requirement under Article 3 Section 200-19-B from 1.5 acres to 0.4 acres to permit an accessory apartment in a detached garage.[1]
Habitable Floor Space Percentage Variance — 30 Prince Street
An area variance is approved for 30 Prince Street relieving the habitable floor space percentage requirement under Article 3 Section 200-19-B-6 from 35% to 39.2% to allow conversion of a detached structure into a studio apartment. The condition applies that the upstairs remain storage area only.[2]
Lot Coverage Variance — 32 Church Street
An area variance is approved for 32 Church Street (Tax Grid #6272-10-320666) under Section 200-9-D-10 increasing maximum lot coverage from 15% to 17.2% for the erection of a 10×16 shed. Conditions require the shed to be one story only, conform to the applicant's submitted photo, and maintain a 10-foot setback from the side property line.[3]
Source resolutions
  1. [1]2016-01-28Area Variance Relief from Lot Size Requirement
  2. [2]2016-01-28Area Variance Relief from Habitable Floor Space Percentage
  3. [3]2016-05-26Area Variance Approval for Shed at 32 Church Street
  4. [4]2021-07-22RESOLUTION TO GRANT AN AREA VARIANCE
  5. [5]2023-05-25Resolution to Reverse the Determination of the Code Enforcement Officer
  6. [6]2023-07-27Resolution to Reverse the Determination of the Code Enforcement Officer - Application of Paul Sturtz & Polina Malikin – 25 Fisk Street
  7. [7]2023-10-26Area Variance for Fence Height at 2 Cambridge Drive
  8. [8]2023-10-26Area Variances for Inground Pool Setbacks at 4 Kent Road
  9. [9]2024-05-23Church Street Nursery School fence height variance
  10. [10]2024-05-23Church Street Nursery School fence height variance approval
  11. [11]2024-06-27Area Variance Approval—15 Church Street
  12. [12]2025-10-23Front yard setback variance with stoop condition

Synthesized from the chronological history of these resolutions. Each clause shows the year it was last established or amended. The text is a reading aid — for legal force, consult the source resolutions and the Village Code.