Planning & Urban Development Department | 389 Congress St | Room 308 | Portland, Maine 04101 | 207-874-8683
CITY OF PORTLAND, MAINE
Zoning Board of Appeals

Zoning Board of Appeals Committee

DATE: 12/3/2009
TIME: 6:30 PM
LOCATION: 389 Congress Street
AGENDA

1. New Business: A. Interpretation Appeal: 8 Ryefield Street, Peaks Island, Philip H. Morgan, owner, Tax Map 084, Block E, Lot 005, IR-2 Island Residential Zone: The appellant is seeking an interpretation of section 14-427 as it relates to the enclosure of an open porch with a roof that existed as of June 5, 1957 which does not meet the required setbacks. The appellant is also seeking an interpretation of the definition of a structure (section 14-47) as it applies to a “tent shed”. Representing the appeal is Jonathan Goldberg, Esq.
BVariance Appeal: 8 Ryefield Street, Peaks Island, Philip H. Morgan, owner, Tax Map 084, Block E, Lot 005, IR-2 Island Residential Zone: The appellant is seeking a variance to keep the 8’ x 20’ deck and steps that were built without a permit. The appellant is requesting a variance for the right side setback from a required 20’ to 11.5’ [section 14-145.11(c)(3)] and for the rear setback from a required 25’ to 6’8” [section 14-145.11(c)(2)]. The appellant is also requesting a variance for the maximum allowable lot coverage from 20% of the lot to 38.4% of the lot [section 14-145.11(d)]. Finally, the appellant is requesting a variance for the setback for a structure in a Shoreland Zone from the required 75’ to 26’6” [section 14-449(a)(1)]. Representing the appeal is Jonathan Goldberg, Esq.
CConditional Use Appeal: 231 York Street, Dana Fisher, LLC, owner, Tax Map 044, Block E, Lot 003, B-1 Zone: The Zoning Board of Appeals granted a Conditional Use Appeal on November 13, 2008 to Dana Fishman, LLC to have a restaurant at 231 York Street [section 14-163(a)]. The Zoning Board of Appeals granted a six month extension for the Conditional Use Appeal on May 21, 2009. The appellant is requesting another six month extension of the Conditional Use Appeal. Representing the appeal is the applicant, Tod Dana.