ZBA 6/22/2016

TOWN OF NORTH HARMONY

ZONING BOARD OF APPEALS

WEDNESDAY, 6/22/2016, 7: 00 P.M.

ZBA MEMBERS PRESENT:      JAMES LEVESQUE      GREG MICHALAK

                                                            DAN THOMAS                        HELEN EMICK            

                                                            GARY WINGER

Brad Lawson, Zoning C.E.O.

                                                Dave Stapleton, Attorney

OTHERS PRESENT:                 Ron & Janet Juhre     Louise Ortman           Clayton Emick

            Mr. Levesque opened the hearing at 7:00 P.M. Mr. Stapleton swore in all who expressed intent to speak regarding the case before the board.

            Mr. Winger motioned to accept the minutes of the 5/25/16 Zoning Board of Appeals Hearing as             presented by the clerk.  Mrs. Emick seconded and the motion was carried unanimously.

1. Ronald & Janet Juhre requesting an Area Variance to construct a shed closer to side and rear setbacks than allowed in zoning at property located at 5 Wisteria Lane, Chaut. Escapes Lot #5, specifically Section 315.17-1-13.

Mr. Juhre indicated that they had purchased the property in question and had closed on June 3, 2016.  Mr. Juhre said he had come to see Mr. Lawson and been told that the Zoning Law had been changed to increase the side setback for a storage structure building to 20’ as opposed to the previous 5’ requirement.  Mr. Lawson apologized to the Juhre’s and the board indicating that the town had recently passed a local law addressing side setbacks for storage structure buildings and unfortunately he had been using the draft version when he discussed the issue with the Juhre’s.  He read into the record the final Local Law #2-2015 as follows and indicated that it applies to the Juhre project since they are 8’ from the side setback and 13’ from the rear setback.

Section 4.   ARTICLE IV, SECTION 403 – AREA STANDARDS – TOWN OF NORTH HARMONY ZONING LAW

1. The following setback standard modifications shall be made to Article IV, Section 403 of the Town of North Harmony Zoning Law:
2. A storage structure as defined in §202 shall be permitted in the rear or side yard of a lot . Storage structures that are located on lots in all zoning districts, except waterfront lots, shall be allowed to have a minimum side and rear yard setback of 5 feet. This relief shall be granted for one storage structure per lot. Storage structures on waterfront lots shall be subject to a 10 foot minimum side and rear yard setback.

Mr. Lawson said there is no variance required for the Juhre’s and he would make sure they received a refund of the $50 ZBA Hearing Fee.

Mr. Stapleton said the law was adopted in December, 2015 and has not yet been fully integrated into the website by Mr. McCord.  Mr. Stapleton noted that the lot in question is not a waterfront lot.

The hearing was adjourned at 7:15 PM.

Nancy Thomas

Town Clerk