Text · page 5 of 11
knew with three in diapers, it would get. The Applicants asked the Board does it take long to get an address? Board Member Geitler stated it took him quite a while to obtain one. The Clerk stated according to Dawn, our Town Assessor, it is in our code that it is the Building Inspector/Code Enforcement Officer in the Town of Wales who assigns the address numbers. Board Member Ingraham asked what does Dan do first, go to the County? She stated that it has to fit the criteria, that’s the reason why he could not issue one to the Applicant’s. The Clerk stated it is in the correspondence section of the Boards folder that the Applicant’s wanted an address so they could get WiFi or something out on their property. Dan could not give the Applicants an address as requested by the Applicants because there was no frontage and it didn’t meet our codes in the Town. The Applicants asked if the Board could vote on a condition if they get an address? It was agreed that was not a task for the Board. The Chairman and Board Member Ingraham explained to the Applicants an example of a condition that were done in the past such as you can build a shed but you have to move it three feet to the left, examples like that. Public comments The Chairman asked for anymore comments to the two residents that were at the Public Hearing. The one resident was there due to him wanting a shed in the future. The Chairman stated that these proceedings are not for a typical shed. The resident stated that he knew Wally was cool but heard Dan was a little more strict and wanted to see how this goes. He wanted to actually talk to Dan directly. The Clerk stated she would give him Dan’s contact information. Identifying the codes The original application was for a request of “2 sheds”, traditionally, this in and of itself would be an Area Variance, but given that the permit was denied under several code violations, see the following: 200-13 Habitable dwellings must be constructed on a continuous fully enclosed foundation extending below the front line. It’s an Area Variance because: ➢ A requirement about how a structure must be built(continuous enclosed foundation below the frost line) is usually part of the building code or sometimes the zoning dimensional standards for structures. 200-28 B (1) No accessory building shall be occupied as a dwelling. It’s an Use Variance because: ➢ This rule controls what activities (Use) are allowed in a building, not a dimensional or physical feature. 200-41 B In any R, A, or B District, no private garage or other accessory building shall be erected before the main building has been started, and under no condition shall an accessory building be used for living quarters unless attached to a dwelling. Use Variance because: ➢ Using an accessory building as living quarters unless attached, is a use restriction, it limits the allowed use of the accessory building. Converting or using an accessory building for living quarters in this context violates the zoning’s use regulations. 200-52 No dwelling shall be erected on any lot which does not have immediate frontage on an existing or platted street or highway or right of way in accordance with the Schedule of Area, Lot and Bulk Requirements for all districts. An Area Variance because: ➢ Frontage is a dimensional/site requirement, not a use restriction. The rule that a dwelling must have immediate frontage on an existing or platted street, etc in accordance with the Schedule of Area, Lot and Bulk Requirements controls lot configuration and access (a physical/dimensional requirement). The Chairman asked Applicants if they have any closing remarks? The Applicants stated that they are just trying to use it for seasonal use, just trying to camp. The Chairman explained Use Variances are typically harder to obtain then an Area Variance which typically is about lot/sizing requirements. We chose to start with the Use Variance, there is four questions that are asked, you don’t have to pass or fail all of them, it could be all pass, all fail and still discretionary Yea or Nea overall. Case #1 Use Variance – 200.28 B (1) and 200.41 B Test: No use variance will be granted without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. The following tests must be met for each and every use allowed by zoning on the property, including uses allowed by special use permit. (the burden is on the applicant to show hardship under the listed tests for each permitted use before a use variance can be approved). 1.) The Applicant cannot realize a reasonable return, as shown by competent financial evidence. The lack of return must be substantial: ZBA Chairman Edward Wilkowlaski – No ZBA Board Member Mark Geitler – No ZBA Board Member Russell Clother, Jr. – No ZBA Board Member Kevin Ingraham – No 5