TOWN OF NORTH HARMONY
ZONING BOARD OF APPEALS
WEDNESDAY, 7/26/2017, 7:00 PM
ZBA MEMBERS PRESENT: JIM LEVESQUE ROGER VAILLANCOURT
HELEN EMICK GREG MICHALAK
DAN THOMAS WILL ORTMAN
GARY WINGER
Brad Lawson, Zoning CEO
Dave Stapleton, Attorney
Others Present: Dan Sonnenreich Todd Ingersol William Buck
Ron Dills Jim McCormick
Mr. Winger motioned to accept the minutes of the 6/26/17, ZBA Hearing as presented by the Town Clerk. Mr. Ortman seconded and the motion was carried unanimously.
Mr. Levesque opened the hearing at 7:00 PM
Mr. Stapleton swore in all who expressed intent to speak regarding the application.
- Dan Sonnenreich, requesting an Area and Height Variance to build an addition to a garage closer to setbacks and taller than allowed in the R-1 District at property located at 3534 Ross St., specifically Sec. 332.20-1-58 & 332.20-1-62.1.
Mr. Sonnenreich said he had hired a contractor to do the project with provisions in the contract that he would pull the permit. He said he had found out from Mr. Lawson that a permit had not been issued and all work ceased. He said has since hired Mr. Ingersol to complete the project and has hired an attorney to review his initial contract.
Mr. Levesque asked Mr. Sonnenreich why he had not noticed that there was no permit visible on the site. Mr. Sonnenreich said he is a seasonal resident.
Mr. Sonnenreich said he would like to complete the project and he is applying for two variances. Mr. Ingersol said originally there were three buildings on the lot; the one that is in the photo and a block building that was torn down (representing almost the exact same footprint as the current unauthorized incomplete structure started by the first contractor). Mr. Ingersol clarified that the first contractor had torn down a wooden structure and a concrete block structure on the site and basically squared off the footprint with the existing structure. Mr. Ingersol said there are some substandard structure conditions that exist on the current project that he will address with Brad’s help.
Mr. Thomas asked how the applicant plans to have access to the structure. He said the drawing shows a garage door on the neighbor’s side of the building, but there is no access to that door from the applicant’s property. Mr. Sonnenreich said the door was for very occasional use as he is a car hobbyist and plans to install a lift inside to work on cars. Mr. Thomas asked why he needed the height on part of the addition. Mr. Ingersol said because it will be second floor wood working area about 12’x24’. The entire length of the building will be about 72’. Mr. Levesque asked if anyone wished to speak regarding the application.
Mr. Dills, owner of the property next to the project, said his only objection is with the garage door that opens onto his property. He said he does not want his property to become ingress/egress for Mr. Sonnenreich’s garage. Mr. Levesque asked Mr. Dills if he had objections to the height request. Mr. Dills said he has no serious objection to the height. Mr. Levesque said there is clearly a presumption on Mr. Sonnenreich’s part when putting a garage door on that side. Mrs. Emick asked if there were any previous
ZBA
7/26/2017 (pg. 2)
deeded ROW’s to the property by previous owners. Mr. Ortman said if he needs ventilation he should have put in windows instead of a garage door. After further discussion, Mr. Levesque asked Mr. Sonnenreich if it was clear to him that he has no right to ingress/egress on Mr. Dills property now or in the future. Mr. Sonnenreich agreed.
Mr. Lawson clarified that Zoning Code Sec. 807, Non-conforming yard changes allows a person to tear down a structure and rebuild in the same footprint. It also allows the fill in of an irregular space as long as it is not outside the original squared off footprint. Mr. Lawson stated that there is no documentation showing that the rebuild in on the same footprint. Mr. Ingersol said it is on the survey. Mr. Lawson said but there is not a location survey after. He said generally in cases involving the lakefront, a survey showing what currently exists on the property and a survey showing what will be built are provided to the board.
Mr. Thomas asked about drainage for the large roof coverage of the project. Mr. Lawson said that would have to be addressed before a permit is issued. Mr. Lawson noted that accessory structures are not allowed in the front yard and are not allowed to exceed 16’ in height. The request for this structure is 22.10’ in height. There was lengthy discussion of the need for this height in order to make created space usable.
Mr. Stapleton asked what noise will be involved in rebuilding cars in a neighborhood environment. Mr. Sonnenreich said it is a hobby and not a commercial operation. He also stated that there will be no water installed in the structure.
Mr. Levesque read into the record Zoning Code SECTION 904 – Use and Area Variances; Sec. C, Area Variances, Items a. thru e. were addressed with the following responses; (a.) no (b.) yes (c.) yes (d.) no (e.) yes.
Mr. Levesque motioned to grant an Area and Height Variance to Dan Sonnenreich to build an addition to a garage closer to setbacks and taller (22.10’) (allowed height is 16’) than allowed in the R-1 District at property located at 3534 Ross St., specifically Sec. 332.20-1-58 & 332.20-1-62.1, with the following conditions:
- Applicant must provide location survey to Mr. Lawson for approval which shows whether or not building currently located there is built on applicant’s property and there are no further encroachments.
- Submit drainage plan for approval by Mr. Lawson
- Board off, enclose or remove garage door on side facing Mr. Dills property
- No further changes to current existing structure without appearance before ZBA
Mr. Michalak seconded.
Discussion:
Mr. Ingersol asked what should be done if the survey were to show that the building is 2” closer than the old structure. Mr. Levesque said to stop work and come back to Mr. Lawson. Mr. Stapleton said it should be clear that construction workers, etc. have no right to be on Mr. Dills property during construction without his express permission.
YES (6): Levesque, Thomas, Vaillancourt, Michalak, Ortman, and Winger. NO (1): Emick.
The motion was carried.
The hearing was adjourned at 7:57 PM.
Nancy Thomas
Town Clerk
