08/03/2015 Minutes - Laserfiche WebLink

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family for as long as anyone knows. When the applicant purchased the home the tax transfer document would have stated he was purchasing a single family dwelling regardless if it was being used as two family dwelling. Mr. Gareau asked if the applicant ever saw that the purchasing documents or his tax bills stated it was a single family home. Mr. Nagy said he didn't read the tax bills he just looked at what he owes and pays the bill. If he is granted the variance he will contact the County to address the single family home status. Mr. Raig asked if the home has ever been inspected as a two family home to ensure it meets the requirements of a two family dwelling and Mr. Russell said he was not aware of any such inspections. Mr. Thorne said he's the applicant's step-father and sold the home to him. Stickers from the electrical meters were submitted in their packet which state a date they were last inspected. In the prior inspection made by the building department it was noted there were two gas meters so how could it not be a two family home? Mr. Thorne said they had to gut the home as it was in such poor condition when it was purchased. The chimney runs up the center of the home, so there is no way to install stairs to the second floor if it was a single family home. The bathroom, kitchen and chimney stoves that use to be in the home and now closed off are all in perfect alignment. When the home was built they don't know how the city or builder recorded the home with the county. Mr. Thorne said there are two addresses to the house. Mr. Nagy said the home only has one address the post office has the addresses as 23246 up and down just as the old double homes in Lakewood have. Ms. Rudolph asked Mr. Russell if the building official did an interior inspection could he determine whether or not the home was originally built as a single family home and Mr. Russell said yes. Mr. Gareau saicl based on the testimony presented ample evidence has been provided showing the home has been used as a two family home whether it was converted or altered from a single family home or: not. The, point is the home is being used as a two family home. If the board issues a use variance the home continues to be used as a two family dwelling, if denied the home will have to be used as a single family home. Mr. Allain said the applicant has shown that when he purchased the home he understood it to be a two family home, he has used it as a two family rental property since he has own it. He questioned Mr. Gareau as to if the variance was granted as written would it rezone the land and Mr. Gareau said if a use variance is granted it doesn't rezone the land. Mr. Raig said denying a use variance would be depriving the owner the use of his property. Mr. Papotto asked if a variance is granted would the use be allowed forever even if it burns down and Mr. Gareau said that issue would be addressed if it occurred. Ms. Rudolph moved, seconded by Mr. Raig, to grant 15-3872: Robert Nagy of 23246 Alexander Road a use variance for a two-family residence in a Single Family C District; code does not allow, applicant shows a two-family dwelling, which passed 5-0. 15-3901-Robert & Sharon Vitaz; 23849 Lucille Dr Proposal consists of new detached garage. The following variance is requested: 1. A 5 ft. variance for a detached garage located less than 15 ft. from dwelling; code requires 15 ft., applicant shows 10 ft., Section 1135.02(c)(2). The oath was administered to Robert and Shaxon Vitaz. Mr. Vitaz said the garage is the original garage which was built 10 feet from the home, is falling apart and needs replacing. They would 6