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2. BernieRomano; 3896 WalterRd. (WRD-2) . ' Request for variance (1123.12). The proposal consists of an addition to home. The following variances are requested: - A special permit to add to a non-conforming building (1165:02 (b)). , Note: Existing building has a 16.5 ft. side yard setback, code requires 25 ft. 1. . A 4 foot variance for side yard setback (code requires 25 ft, applicant shows 21 ft). Which is in violation of Ord. 90-125 section (1135.06 (b)). Note: This request was tabled at the July 10, 2002 meeting. Chairman Maloney called all interested parties forward to review the request. Chris Margevicius, the contractor, the homeowner Bernie Romano, along with neighbors, Frank Molls, and Marge and Ed Vento, came forward to be sworn in. Mr. Margevicius indicated there were no changes to the proposal since the last meeting.. He believes it was tabled for the purpose of clarifying any questions concerning the code. The property is a non-conforming dwelling and he said he assumes it was grand-fathered in before the code was put in place. He referred to the plot plan and said the setback is 16 1/2 ft. and the area they are proposing to add to is even closer to what is required. They are not encroaching anyone and are not making the situation worse. They are just running parallel to a section of the existing garage. Mr. Kremzar asked if they would come all the way out to the front of the house. Mr. Margevicius said they would be even with the existing garage. 'Ms. Romano pointed out she just wants to turn her one car garage into a two car garage. Mrs. Sergi inquired as to whether there would be two separate garage doors. Ms. Romano replied there will be two doors. She added that the neighbor across the street has done the exact same thing. Mr. Molls indicated that the board previously said that no precedent is set in these matters. He does not think Ms. Romano can point to the house across the street as a precedent for what she is trying to do. His first objection is the deck, which is attached and will be moved back with the expansion. His front yard and part of the side yard abuts this. He is concerned about the position of the deck and his kitchen window. He believes a person would be able to peer in his window. His second objection is the shallowness of the side yard. Ms. Romano has a boy about 10 years old who plays ball in the side yard.. The ball consequently ends up in his front yard. Moving tliis deck back will put 10 ft. more into his front yard. Mr. Konold asked -if the neighbors discussed the matter prior to the meeting. Mr. and Mrs. Vento indicated that Ms. Romano had just moved in. Mrs. Sergi commented that she measured the site and it looked like the deck would move back about 6 ft. and none of the trees in the back will change. She did not see that there would be much change regarding Mr. Molls' kitchen window. Mr. Maloney pointed out that the.deck is not involved in this proposal. Mr. Vento said the reason they are at this meeting is due to the discussion at the previous meeting that the deck would be turned. He and his wife came to find out about the proposal. The}% are right next door and it is going to take up their view when they sit on their deck. Mrs. Vento said they -are 16 ft. away and _they will see 10 ft. of wall from their deck. Mrs. Sergi asked how big the addition -would be. W. Margevicius indicated it is 10 ft. They are enlarging the existing structure. They are meeting the exact corners of the house and just projecting 10 ft. out and going into Ms. Romano's yard. Mr. Konold said nothing is going to change. Mr. Molls said the house would be coming 10 ft. closer to his lot and that is what is changing. Mrs. Vento mentioned the back property line. Mr. Margevicius said that is not the issue in question. He said the issue is the proximity to Theresa Lane and the side lot. They are requesting a variance for the setback from Theresa Lane and not from the neighbor's property line. Mr. Kremzar asked if there was any further thought to turning the deck. Mr. Margevicius said they would be willing to do that if it is necessary to obtain the variance. He said the deck is 14 x 16 so they would turn it to be 16 x 14. Mr. 1Vlolls commented that he looked at the zoning code. He said the code has minimum standards and if they are continually breached, they are no longer minimum standards; you have set new minimum standards. When the board grants a variance you create a legacy. You do create a precedent. He said when they vote they should bear in mind their actions have lasting consequences. Mr. Margevicius responded by saying Ms. Romano is improving her property and consequently her 2 -