Board of Adjustment overturns planning and zoning vote on height variance

The Wrangell board of adjustment voted 4-0 to overturn a denied three-foot housing variance Monday.

James Brenner, who intends to build a house near the intersection of Zimovia Highway and Pine Street on property owned by Bert and Tammy McCay, was originally granted a setback variance in a 5-0 decision by the borough planning and zoning commission, but denied the height variance by a 3-2 vote after neighbor Timothy Murray complained that the height variance would rob him of daylight. Murray had suggested Brenner use a differently pitched roof in order to avoid breaking zoning regulations pertaining to the height of buildings.

In testimony before the board, Brenner said a pitch change would lead to potential water infiltration in his new duplex house and that the increase in height would block a maximum of four minutes of sunlight per day in the summer, while Etolin Island frequently blocks the sun during the winter months. More than that, the variance allowed him to keep the existing amount of fill against the side of the house, the only change necessary in order to maintain the building’s current height without breaking the regulation. Brenner also changed some of the blueprints for his house to accommodate concerns about the light, he told the board.

“I have made additional accommodations to lower the height since the planning and zoning meeting,” he said.

The board should adhere to zoning regulations, Murray said.

“I think my point is that Mr. Brenner wants to build a house that’s very large, it’s about the size of the Bay Company,” he said. “In order to do it with inexpensive trusses, he has to go to 28 feet, if it was narrower … I would be more accepting of it. He admits that I will lose sunlight as well as views.”

The question over views is immaterial because the lot has been available for purchase since 1997, according to Brenner. Murray has occupied the adjoining property since 2000 and made no effort to purchase the adjoining lot, according to Brenner.

The issue could lead to a review of zoning regulations pertaining to height. Borough officials noted, but did not identify, several instances where height regulations were violated without prior approval from planning and zoning.

Commissioners would consider reviewing the ordinances, Economic Development Officer Carol Rushmore told the board.