Berkley Zoning Board Denies Rear Yard Variance for Phillips Avenue Garage Addition

BERKLEY — October 10, 2022 — Berkley's Zoning Board of Appeals approved two variances and denied one for a proposed addition at 3565 Phillips Avenue at its October 10 meeting. Designer John Jacobi presented the application on behalf of the property owner, seeking relief on a 4,400-square-foot lot to build a garage addition and second-story expansion on an existing nonconforming bungalow. The board voted unanimously to approve a 0.6-foot side yard variance and a variance allowing construction on an existing nonconforming structure, but unanimously denied a five-foot rear yard variance sought to accommodate an 18-foot garage door and the turning radius of a side-entry garage. Members found the lot lacked the unique physical conditions required under the five-criteria variance standard, with one member warning that approving the request could invite similar applications from owners of Berkley's many comparable bungalow-era lots. The applicant must submit revised plans to the building department before construction can proceed.

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