01.21.20 MEETING MINUTES - Laserfiche WebLink

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Minutes of the Regular Meeting of Council Tuesday, January 21, 2020 Page 19 Whether the variance would adversely affect the delivery of governmental services. Whether the property owner purchased the property with knowledge of the zoning restriction. Whether the property owners' predicament feasibly can be obviated through some other method besides the variance and (7) Whether the spirit and intent behind the zoning requirement would be observed and substantial justice be done by granting the variance. You don't have to accept all of those, but those are factors to give consideration as to whether he should get relief under the Zoning Code. He has experience in this area. The shed as designed, it's a nice shed. I don't have any issues with the shed. I don't think anybody does with the appearance. But it does encroach into the sideyard so that a variance is required. I believe it was a unanimous vote of the Board of Zoning Appeals as well. Mr. Previte stated, yes it was. Mr. Coyne continued, and the permit that was issued was issued October 24, 2017 for a fence enclosure permit. There are notes on the attached building drawings. Those are not attached to the actual permit though. So, it's up to Council. Council could give you relief. It will require four members of Council to overturn the Board of Zoning Appeals or to modify it. You could do it with some changes in the structure as well, like take the roof off of it or what have you. Mr. Previte asked, those rules aren't on this and it is signed by Mr. Marrelli. It was a part of the permit. Mr. Coyne stated, the Building Permit was issued for a fence enclosure. That's what it was issued for. Mr. Previte, a fence enclosure and this is the drawing that goes with it and these are the - Mr. Coyne stated, right. There is no roof on what's attached. There's no roof or walls or doors. Mr. Previte stated, it says on here, it says structure or optional enclosed for weather and appearance. Mr. Coyne stated, right and you would know, sir, if you were a builder, you would have to come back to amend your application, right? Because what you built is not what's there. Council can give you relief. I'm just telling you the rules. Mr. Previte stated, if you want to make it legal, I feel this is a legal document and it was proper what I did. And I surely wouldn't have built it otherwise. And I wouldn't have put overhangs on it and I wouldn't have taken the time to make it look the way it looks right now to tear it down at all and I explained that to Mr. Marrelli. The thing is screwed together. It's not going to come down. I'll chainsaw it down. That's the option I have. I have explored doing it that way. Mr. Coyne asked, did the Board of Zoning Appeals ask you about moving it and just moving it back? Mr. Previte replied, I cannot move the building without it losing its integrity. It's in the ground.