ZONING BOARD MINUTES

July 24, 2002

Present: Betty VanGelder, Chairman Attorney: Robert Allan

Chris Fletcher

Joseph Colella 2 people in attendance

Chairman Betty VanGelder called the meeting to order at 6:02 p.m.

The meeting was called to consider a 4-foot front yard variance by applicant Mary Finley of 114 Joel Lane to allow for the construction of a garage.

Attorney Robert Allan advised the Zoning Board that the application does not have to be sent out to the County Planning Agency, as it does not join county land and is an area variance as opposed to a use variance.

Attorney Allan advised the Zoning Board in detail what their role was in considering the application for the variance including weighing the effect the variance would have on the health, safety or character of the neighborhood or if the applicant can consider an alternative option to the use variance to satisfy her needs. Attorney Allan advised the Zoning Board to grant the minimum variance deemed necessary.

Joseph Colella inquired whether the neighbors should be involved. Attorney Allan advised it was not required. Mary Finley stated she already asked her neighbors and they did not have a problem with her plans.

Chris Fletcher inquired about the effect of drainage the structure would have on the area. Code Enforcer, Robert Erwin, advised the drainage would actually be less of a problem because of the roofline.

Discussion was had and Attorney Allan determined the actual variance request was for 22.5 feet. Attorney Allan suggested the subject be tabled to allow the applicant time to reconsider moving back the garage from the corner of the house and possibly reducing the size. Attorney Allan suggested Mary Finley have the area considered for the garage staked for the Zoning Board to review.

Attorney Allan suggested Mary Finley review her sub division deed to see what covenant there may be and whether there is a conflict with that. Attorney Allan stated that if a structure is built not in compliance with a covenant and an issue is not raised in two years, then the sub division loses their right to object. However, if an objection were raised in the first two years, then the structure would be required to be removed. Attorney Allan agreed to review Mary Finley’s deed covenant.

The application for a variance was amended and initialed to read as a request for a 22.5-foot variance to accommodate the front of the garage to the road and a 3-foot variance to reduce the side yard to 3 feet.

Attorney Allan reviewed the short environmental assessment form with the Zoning Board, as they are the designated Lead Agency.

Upon Motion of Chairman Betty VanGelder and seconded by Chris Fletcher, the Board unanimously approved by a vote of 3-0 to accept the applicant’s amended application and to table further action on the application and environmental assessment.

A meeting was set for August 7, 2002 at 6:00 p.m. at the Village Hall to continue the public hearing on this request.

The meeting adjourned at 7:15 p.m.

Risë Schumann

Deputy Clerk