Town of Wilton, NH

Zoning Board of Adjustment

Case 2/13/1991–1


Maple Street
Catherine and Franklin Wheeler
Relief Requested
Variance to section 5.2.4 of the Wilton Zoning Ordinance
To permit the construction of a garage less than fifteen feet from an interior lot line.


Wednesday, February 13, 1991 — Hearing


Catherine and Franklin Wheeler have requested a variance to section 5.2.4 of the Wilton Zoning Ordinance to permit the construction of a garage less than fifteen feet from an interior lot line on Lot K-25, Maple Street.

The Town of Wilton Zoning Board of Adjustment will consider this application in a public hearing on Wednesday, February 13, 1991 at 7:30 p.m. in the Wilton Town Hall Courtroom, 42 Main Street.


You are hereby notified that the application of Catherine and Franklin Wheeler, Lot K-25, Maple Street, for a variance from Section 5.2.4 of the Wilton Zoning Ordinance, has been granted in part.

The variance will permit the construction of a one-story garage, height not to exceed 12 feet, on the foundation already poured adjacent to the barn at the northwest corner of the lot; the garage will be approximately 22 feet from Prince Street, and approximately 7 feet from the adjoining lot.

The variance was granted on the basis of the following findings of fact by the Board:

  1. The surrounding property values would not be diminished.
  2. Granting this variance would be in the public interest because it will remove vehicles off the street and provides garage storage of such vehicles which is preferable to open storage.
  3. Denial of the variance would cause unnecessary hardship because of the small unique size of the property, the owner has no other place to put the garage.
  4. Granting the variance would do substantial justice because it would allow fair use of the land, and a building permit has already been issued for a foundation.
  5. The spirit of the ordinance is not violated because it is not making it any more non-conforming, and the intent of the ordinance was to preserve the existing character of the neighborhood which includes many buildings which do not meet the legal setbacks required.

The selectmen, any party to the action or proceedings, or any person directly affected thereby may apply for a rehearing of this decision. A request for a rehearing must be filed in writing with the Zoning Board of Adjustment on or before Friday, March 15, 1991, and must fully specify all grounds on which the rehearing is requested. (N.H. RSA 677:2)


Minutes of the hearing.