MARS — A zoning hearing held Thursday resulted in the denial of two setback variances for a subdivided property at the corner of Pearl Avenue and Douthett Street.

The two parcels are owned by Catler LLC, which purchased the already subdivided property in 2014.

Collette Miller, the sole member of Catler LLC, asked the hearing board to consider allowing two setback variances for the parcel along Douthett Street.

The first request was a 6-foot variance from the front yard setback requirement. The second request was a 14-foot, 4-inch variance for the side yard setback requirement.

Borough code stipulates those front and side yard setbacks should be 35 and 15 feet, respectively.

Emily Mueller, Miller's solicitor, said the subdivision cuts into the Douthett Street parcel at an odd angle.

The setback requirements result in limited space for a one-story home to be built, according to Mueller.

“The property has a very unusual shape,” Mueller said. “You're left with an almost rectangle that's about 21 feet wide.”

Among other things, Mueller said the house would “look like a trailer” and wouldn't “fit within the character” of the neighboring homes.

Mueller recognized the property — before it was subdivided and owned by Catler LLC — came before the zoning board in 2010. At that time, Mueller said the zoning board determined a deck erected on the Pearl Avenue property should be removed.

Mueller asked the hearing board to consider removing that condition, if the variances were granted.

“You have the authority to remove a prior condition that you've imposed,” Mueller said.

Mueller also acknowledged Miller appeared before the zoning hearing board in August 2020. She said the variances presented Thursday night were different measurements.

The 2010 hearing imposed three conditions: a shed on one of the lots needed to be removed; the existing deck needed to be removed; and the structure on the Pearl Avenue property needed to be reverted to a single-family unit before an occupancy permit was granted for the Douthett Street property.

Miller said the only condition that hasn't been fulfilled is the deck removal.

Zoning hearing board member JoAnn Chonoska asked why the deck wasn't removed as it was expected to be by the prior owner.

“To show your willingness to comply with regulations?” Chonoska asked.

Miller said a combination of occupant exit safety and aesthetics fueled her decision to keep the deck on.

“I felt better leaving it on,” Miller said. “If I have to take it off, I can take it off.”

Miller said the Douthett Street property will be sold after the home is built. She plans to sell the Pearl Avenue property in 2022.

Allen Russell, borough code enforcement officer, said Miller has been keeping him updated on what she's planned for the property.

“(She) has been really forthcoming with everything she's been trying to (do) on this property,” Russell said.

After an executive session, the zoning hearing board denied without discussion both of the setback requests and a modification of the deck removal condition that had been placed on the Pearl Avenue property in 2010.