Breezy Point Commission Approves Variance for Patio Despite Concerns Over Encroachments

In a recent meeting, the Breezy Point Planning & Zoning Commission approved a variance application for a patio construction on Indian Hill, addressing issues of impervious surface coverage and existing encroachments from nearby structures. The decision, which passed without opposition, included conditions to manage stormwater runoff on-site.

0:00The focal point of the meeting was the variance application submitted by Brian Lee for his property in the Breezy Point Estate, a location within the Shoreland district that required notification of adjacent property owners and the Department of Natural Resources. The request sought to increase the allowable impervious surface coverage from 30% to 43% to facilitate a 270-square-foot patio. The existing conditions on the property, including encroachments from parking and sidewalks owned by Breezy Point Resort, influenced the discussion.

During the review, it was noted that if the encroaching structures were excluded from calculations, the variance would not be necessary. Alternatives such as using engineered pervious materials or rezoning the property to allow greater impervious surface coverage were considered. The commission was assured that the approval of this variance would not set a precedent for future applications, as each case is evaluated based on its unique circumstances.

The applicant’s representative, Carvin Bazelle, presented on behalf of Brian Lee. Bazelle emphasized the distinct nature of the property and addressed concerns about setting a precedent. The commission recommended approval with the condition that all related stormwater runoff is managed on-site. Discussion also covered potential liability issues should the property owner attempt to remove the encroaching asphalt parking area.

13:27Public concerns were voiced by Jackie Baker, a neighboring property owner, who raised issues about potential noise and disturbances from short-term renters, particularly if a fire area were included within the patio. Baker expressed dissatisfaction with current parking inconveniences and uncertainty about the property’s compliance with local rental regulations. The commission acknowledged these concerns and intended to communicate them to the property owner.

Further deliberation by the commission confirmed that the variance aligned with the zoning district’s spirit and intent, and that it would not alter the essential character of the locality. The variance was seen as necessary for reasonable use of the property, given the preexisting conditions created by the encroaching parking areas.

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