ZBA Approves Cedarville Deck
The Clark Township Zoning Board of Appeals (ZBA) approved a variance for Ralph and Patricia Russell to build a larger deck on their Tassier Avenue home. The Russells want to build a 10-foot by 30-foot open cement deck with a wooden roof.
They petitioned the ZBA because their original building permit was denied by Township Zoning Inspector Ken Waybrant. The permit was not issued because it decreased the setback of the Russell's front yard and further increased the non-conformity of their home.
The zoning ordinance requires the front of newly constructed homes to be set back 35 feet from the center of the right of way of traffic; the Russels home sits back only 15 feet. The 300- square-foot cement deck will lower the structure's setback to 12 feet, however, their house is considered a legal nonconforming structure because it was built in 1955, before the township adopted zoning ordinances.
Under the zoning ordinance, existing nonconforming structures may not be enlarged or altered to increase their nonconformity unless approved by the ZBA, or if alterations will substantially im prove the structure and the environment of abutting structures, and not be cause for making abutting properties unusable as zoned.
ZBA member Mike Lofdahl said the deck will improve the structure and not have any residual effects on any adjacent properties. ZBA members Nathan Harrison, Chris Pearson, James Eberts, and Mr. Lofdahl all voted to approve the variance. ZBA member and Clark Township Planning Com mission liaison Joe Eger did not attend the Tuesday, September 22, meeting of the ZBA.
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