The New Castle City Board of Adjustment meeting took place
on Wednesday, November 12, 2003 at 7:00 p.m. in the City of
New Castle’s Town Hall.
Members Present: David Athey, City Engineer
John Klingmeyer, Mayor
G. P. (Gerry) Kavanaugh, City Solicitor
Others Present: Jeffrey Bergstrom
Ray Jeffrey
Thomas Mammarella
Fran D’Asran, Jr.
Joe A. Cochran
Ennio DiAlessandro
Chairman Mayor, John Klingmeyer, called the meeting to order
and the roll was called. Please take note that tonight’s
meeting will be Mr. G.P. Kavanaugh’s last meeting.
CPR Construction Inc. - Application Hearing
Thomas Mammarella on behalf of CPR Construction, Inc. appeared
before the Board of Adjustment with an application seeking
a variance for 811 Gray Street, Zoning Classification 21-014.00-244
and 21-014.00-243 relating to lot area, front setback and
side yard.
Decision by G.P. Kavanaugh:
There would be no need for a variance here as requested.
There will be someday a need for variances to permit, a building
permit to issue, as to the apartment but that is a different
situation because of the setbacks. Because of the entire situation
the fact that the property had been asked for we probably
could have granted. I don’t have much doubt that it
will be granted because of the uniqueness of the property,
special conditions not something caused by the applicant et
cetera. That building is there and has been there a hundred
years. The zoning code was adopted in 1868. So everybody will
bend over backward to see to it that the building permits
can issue pursuant to the code, which allows, repair improvement,
maintenance et cetera whatever is necessary to that building.
There may be a problem increasing the footprint of it but
certainly nothing that would prevent issuance of building
permits to allow its improvement. But the particular application
here, I just can’t overcome the hurdle of the fact that
the variances are being requested because of the subdivision
which is planned. That is something the applicant controls.
I also have a problem because of 230-7, which was intended
to eliminate the continuance of non-conforming lots, if that
was possible, and I think this is a situation that is possible.
That’s my decision.
All concur on the Board of Adjustment.
Mayor John Klingmeyer: The chair will obtain a motion.
A.P. Kavanaugh: Okay. For the reasons that I just stated
in light of the limitations on this Board’s powers created
by 230-7 as well as the fact that the application for the
variance as to the 10 foot variance as to the lot width be
a function what is proposed as to the subdivision which will
necessitate a continuance of non-conforming lots, I move that
the application for the variance for the 10 foot variance
from 70 to 60 feet be denied.
David Athey: Seconds.
There being no further business before the Commission, the
meeting was adjourned unanimously at 8:15.
Submitted by Gabrielle Preston
