Page 1 Minutes for Wednesday April 11, 2012 Cranston Zoning Board of Review

A meeting of the Cranston Zoning Board in the Cranston City Hall Council Chambers was called to order by Chairperson Joy Montanaro on Wednesday April 11, 2012 at 6:30 pm. Also present, Christine Cole, Curtis Ponder, 1st alternate Adam Sepe, 2nd alternate Lori Carlino, 3rd alternate Sharyn DiFazio and 4th alternate Craig Norcliffe. David Imondi and Steven Minicucci were not present. Attorney Stephen H. Marsella was counsel to the Board.

The Board heard the following applications:

RAMON AND GILDA ALMONTE 10-12 PAINE AVENUE CRANSTON RI 02910 (OWN/APP)

LICHT INDUSTRIAL REALTY CO 765 WESTMINSTER STREET PROVIDENCE RI 02903 (OWN) AND BC AUTO SALES 1473 ELMWOOD AVENUE CRANSTON RI 02910 (APP) CONTINUED TO 5/9/12.

DAVID M AND ELAYN BOUCHER 179 JULIA STREET CRANSTON RI 02910 (OWN/APP)

DAVID C AND LIANNE DIMAIO 50 PRESTON AVENUE CRANSTON RI 02920 (OWN/APP)

OLD BUSINESS

JESSIE PERRY 105 FORT AVENUE CRANSTON RI 02905 (OWN/APP) CONTINUED TO 5/9/12

______Stephen W. Rioles Secretary, Zoning & Platting Boards

RAMON AND GILDA ALMONTE 10-12 PAINE AVENUE CRANSTON RI 02910 ( OWN/APP) have filed an application for permission to build a basement egress for a recreation room on an existing two-family home with restricted side yard setback at 10-12 Paine Avenue. AP 6/1, Lot 2343, area 8755 SF, zoned B-1.Applicant seeks relief from Sections; 17.92.010 Variance, 17.20.120 Schedule of Intensity. No Attorney. Filed 4/19/12.

This application was DENIED on a motion by C Ponder and seconded by a Sepe and so voted unanimously by the Board. Steven Minicucci, David Imondi, 3rd alternate Sharyn DiFazio and 4th alternate Craig Norcliffe did not vote on this application.

Decision: The Board made the following findings of fact based upon the evidence in the record as submitted to the Board and presented at the hearing:

1. The existing residential use of the property is consistent with the 2010 Comprehensive Plan Future Land Use Map that designates this area as Single/Two Family Residential, less than 10.89 units per acre. 2. The proposed basement egress will be located on the left side of the house, 3-1/2 inches off of the side lot line. 3. The existing left yard setback is 5.5’, where 8 feet is required by per the Zoning code. 4. The right side yard setback is 17’, and includes a 10’ wide driveway. 5. The rear yard setback is 108 feet. 6. The floor plan submitted shows the basement entertainment room joins a common area with stair access at the rear of the house. 7. The City’s GIS shows that none of the 50 houses within the 400’ radius in Cranston have side yard setbacks of less than 3 feet. The radius includes 34 houses that are located in Providence. 8. Photos taken by the Planning Department show that excavation for the stairs and foundation removal for the door has already been done. 9. Photos also show that there is a door on the same side of the house that does not show on the floor plan submitted.

In reviewing this application for the variances requested, the Board found that the application does not involve a hardship that is due to the unique characteristics of the property, and is not due to a physical or economic disability of the applicant, that the hardship does not result primarily from the desire of the applicant to realize greater financial gain, and will alter the general character of the surrounding area. The Board finds that the applicant has the ability to relocate the basement egress for a recreation room to the rear of the property eliminating the need for a dimensional variance. In conclusion, the Board unanimously voted to deny the requested relief from Sections; 17.92.010 Variance, 17.20.120 Schedule of Intensity. Page 2 Minutes for Wednesday April 11, 2012 Cranston Zoning Board of Review

LICHT INDUSTRIAL REALTY CO 765 WESTMINSTER STREET PROVIDENCE RI 02903 (OWN) AND BC AUTO SALES 1473 ELMWOOD AVENUE CRANSTON RI 02910 (APP) have filed an application for permission to operate a used auto sales business from a portion of a building at 1473 Elmwood Avenue. AP 4, lot 2645, area 111,061 SF, zoned M-2. Applicant seeks relief from Sections; 17.92.010 Variance, 17.20.120 Schedule of Intensity, 17.71.010 Signs, 17.20.030 Schedule of Uses. Attorney Joseph Shekarchi. Filed on 3/19/12. CONTINUED to May 9, 2012.

DAVID M AND ELAYN BOUCHER 179 JULIA STREET CRANSTON RI 02910 (OWN/APP) have filed an application for permission to build a 12’ X 16’ storage building with restricted front yard setback at 179 Julia Street. AP 6/2, Lot 549, area 5381+/- SF, zoned B-1. Applicant seeks relief from Sections; 17.92.010 Variance, 17.20.120 Schedule of Intensity, 17.20.110 B Residential Yard Exceptions. No Attorney. Filed 3/12/12.

This application was APPROVED with CONDITON on a motion by C Ponder and seconded by L Carlino and so voted unanimously by the Board. Steven Minicucci, David Imondi, 3rd alternate Sharyn DiFazio and 4th alternate Craig Norcliffe did not vote on this application.

Condition: Storage building height not to exceed nine feet six inches to the highest point of the building.

Decision: The Board made the following findings of fact based upon the evidence in the record as submitted to the Board and presented at the hearing:

1. The existing residential density of 16 units per acre, for the existing 2-family dwelling is not consistent with the 2010 Comprehensive Plan Future Land Use Map that designates this area as Single/Two Family Residential, less than 10.89 units per acre. However, the existing density is preexisting, and will not change. 2. The existing house has a 16.5’ front yard setback from the Julia Street property line. 3. The proposed 12’ x 16’by 14’ high storage building will have a 1’ setback from the front property line on Julia Street . 4. There is an existing smaller, 7 ft. high shed located within the Julia Street front yard setback area, where the proposed larger and higher storage building is to be located. 5. The property received a zoning variance in May, 2002, for the operation of a mortgage broker business from the walk out basement of the building. 6. The existing shed abuts the 19’ wide driveway. 7. The applicant testified to the hardship of the application and there were no objectors to the project. In this case, the Board further finds that the application involves a hardship that is due to the unique characteristics of the property, and is not due to a physical or economic disability of the applicant, that the hardship does not result primarily from the desire of the applicant to realize greater financial gain, will not alter the general character of the surrounding area or impair the intent or purpose of the Zoning Ordinance or the comprehensive plan, is the least relief necessary, and that the Board finds that the applicant has met their legal burden with respect to the requirements necessary for the applicable relief. In conclusion, the Board unanimously voted to grant the requested relief from Sections; 17.92.010 Variance, 17.20.120 Schedule of Intensity.

DAVID C AND LIANNE DIMAIO 50 PRESTON AVENUE CRANSTON RI 02920 (OWN/APP) have filed an application for permission to build 15’ X 34’ garage addition with restricted corner side yard setback at 50 Preston Avenue. AP 12/5, Lot 285, area 9000+/- SF, zoned A-6. Applicant seeks relief from Sections; 17.92.010 Variance, 17.20.120 Schedule of Intensity, 17.64.010 F, (3) Street Access curb openings. No attorney. Filed 3/16/12.

This application was APPROVED with CONDITON on a motion by A Sepe and seconded by L Carlino and so voted unanimously by the Board. Steven Minicucci, David Imondi, 3rd alternate Sharyn DiFazio and 4th alternate Craig Norcliffe did not vote on this application.

Condition: Close the Elmhurst Avenue side curb cut to conform with City Code to a width of no greater than 20 feet.

Decision: The Board made the following findings of fact based upon the evidence in the record as submitted to the Board and presented at the hearing:

1. The existing residential use of the property is consistent with the 2010 Comprehensive Plan Future Land Use Map that designates this area as Single Family Residential, 7.26 to 3.64 units per acre. 2. The proposed garage addition will have a restricted corner street yard setback, of 5’-6” from Elmhurst Avenue, (25’ required per zoning code) which, easterly from its intersection with Preston Avenue, is a dead end, servicing 8 houses. The City’s GIS shows that two of those 8 houses have restricted front yard setbacks of between 8 and 10 ft. Page 3 Minutes for Wednesday April 11, 2012 Cranston Zoning Board of Review

3. The proposed garage will have a 20’ front yard setback from the Preston Avenue property line. The average street setback 200’ north and south of the applicant’s property on Preston Avenue is 14.60 ft. Therefore the proposed 20’ setback is not out of character with the neighboring properties. (zoning code 17.20.110-C) 4. The location of the proposed driveway curb opening for the new garage on Preston Avenue is 6 ft. from the corner, where a minimum distance of 25 feet from the radius curb is required per the Zoning Ordinance. The City’s GIS shows that of the 20 corner lots within the 400’ radius, there are two lots that have driveway openings that are between 10’ and 12’ from the corner’s radius curb. Those two lots are on the dead end corners of Grape Court. The proposed 6’ driveway distance from the corner is therefore out of character with the surrounding area. 5. Fifteen feet of curbing on Preston Avenue will be removed to accommodate the proposed new garage’s driveway. 6. The lot currently has a 40’ driveway opening on Elmhurst Avenue, which exceeds the permitted maximum driveway opening of 20’, permitted in the Zoning Code.

In this case, the Board further finds that the application involves a hardship that is due to the unique characteristics of the property, and is not due to a physical or economic disability of the applicant, that the hardship does not result primarily from the desire of the applicant to realize greater financial gain, will not alter the general character of the surrounding area or impair the intent or purpose of the Zoning Ordinance or the comprehensive plan, is the least relief necessary, and that the Board finds that the applicant has met their legal burden with respect to the requirements necessary for the applicable relief. In conclusion, the Board unanimously voted to grant the requested relief from Sections; 17.92.010 Variance, 17.20.120 Schedule of Intensity.

OLD BUSINESS

JESSIE PERRY 105 FORT AVENUE CRANSTON RI 02905 (OWN/APP) has filed an application for permission to build a 520+/- SF raised parking structure with restricted front yard set back at 105 Fort Avenue. AP 1, Lot 144, area 7178+/- SF, zoned A-6. Applicant seeks relief from Sections; 17.92.010 Variance, 17.20.120 Schedule of Intensity. No attorney. Filed 1/9/12. CONTINUED TO 5/9/12

Stephen W. Rioles Secretary, Zoning & Platting Boards Ron Ronzio took the stenographic records. The meeting was adjourned at 8:00 PM ______