78 Memorial Drive Statement of Hardship
Re: 78 Memorial Drive January 13, 2025
STATEMENT OF HARDSHIP
Street view of Existing Home View of existing steps and retaining walls at primary entrance
The Applicant, Michelle “Watkinson” Dalton, is the owner of the single-family home located at 78 Memorial Drive.
The home, built in approximately 1953, is currently a 1,400 square foot, single story structure, elevated on the site due to
the natural topography and large areas of exposed ledge. The driveway and garage are at street level and the remainder
of the front area of the lot is built up, surrounded by retaining walls of 3-5 feet in height.
The existing structure is not in conformity with a few of the current R-1 district zoning regulations. Both sides of
the home are nonconforming in regard to side yard setbacks, the lot is undersized, and the frontage is less than the
current dimensional regulations require.
Michelle has been dreaming of adding a second story to her home for more than fifteen years. Recently, she
became the primary caregiver of her uncle who is elderly, disabled and needs care 24/7. She wishes to alter her home to
allow for her uncle to reside with the family, rather than in a remote care facility. Now, more than ever, Michelle’s family
needs more living space and an accessible route into the home.
Various conceptual options were explored to address the need for wheelchair accessibility to the home. Access to
the first floor from the driveway is difficult to achieve due to the topographical elevations. The total elevation difference is
approximately 8.5 feet. The elevation difference from the driveway to the front yard is 4 to 5 feet. ADA compliant ramps
have a slope of 1 inch rise per 1 foot run; therefore, the ramp would need to be approximately 102 feet long with a few
intermediary landings to ascend the total distance. In order to construct such a ramp on the property, the front yard
would need to be substantially excavated. Given the visible presence of ledge surrounding the home, it is likely significant
ledge removal would be necessary and would incur a vast cost, imposing a financial hardship due to the specific issues of
topography and soils of the property.
Installing a lift within the structure also poses design challenges. The two possible locations are within the garage
or the main basement area. The 23 foot interior depth of the garage is too shallow to fit both a car and an accessibility lift
within. To access the basement from the garage would require a 5-foot-long ramp to ascend the 5 inch step up from the
garage to the basement slab. Both of these options would make parking a vehicle in the garage no longer possible. Their
driveway is approximately 11 feet wide and 19 feet deep. Michelle and her husband rely on the garage to accommodate
parking both of their vehicles on their property.
It was determined the most practical and least invasive solution is to install an exterior grade platform lift,
accessed from the driveway to elevate a wheelchair the full 8.5 feet to the first floor. To provide a landing area at the
primary entry door large enough to accommodate wheelchair accessibility, the porch should be 6 feet in depth, which
allows for an unobstructed 5 foot turning radius. The existing structure is located 19 feet from the front property line.
Thus a 6 foot porch built in front of the existing structure will encroach 2 feet into the required 15 foot front yard and will
create a new nonconforming front yard setback. Per Section 3.3.4 of the Zoning Ordinance, to create a new
nonconformity, a Variance is required.
Based on these special conditions mentioned above, a literal enforcement of the front yard setback requirement
would impose a financial hardship to the Applicant to remove the retaining wall, soils and ledge necessary to construct a
wheelchair accessible ramp on the property. Alternatively, locating the lift within the structure would negatively impact
the neighborhood by creating long term on-street parking needs by the residents. The proposed porch is an attractive
addition to the residential neighborhood. The proposed lift is located in an area where there are no visible signs of ledge
and therefore will impose minimal disturbances to the land and will not affect surrounding properties.
The relief proposed to construct a porch which creates a new nonconformity by a Variance could be granted
without sustained detriment to the public good and without detracting from the intent of the Ordinance.