Q&A
Q: If the old building we tore down was five feet off the property line, and the new building will be in the exact same place, why do we need a variance?
A: You don’t! You need to get approval from the Planning Board.
Q: But you said we don’t need a variance!
A: That’s correct, you don’t. You need to get approval from the Planning Board.
Q: Why are you contradicting yourself?
A: There is no contradiction. The Planning Board does not approve a variance. That is not their job.
Q: Then why do you keep saying we need their approval, but then say we don’t need a variance?
A: Clearly, you do not understand the difference between Planning Board approvals and variances.
Q: They are the same thing aren’t they?
A: No… there is a huge difference. However, if you are not used to all this zoning stuff, it’s easy to see why many people are confused.
The Planning Board has jurisdiction over many things within the zoning ordinance. Not everything, but many things.
Q: All we want to do is replace our old rotted out small garage with a new one. Same size, same place, why do we need the Planning Board to approve it?
A: Because the existing garage is so close to the property line now, which does not comply with the minimum side property line setback requirements in today’s zoning ordinance, to replace it in kind…not any bigger…and in the exact spot…not any closer to the property line, the Planning Board is authorized to entertain such a request.
Q: Isn’t that a variance?
A: No. This is called a Conditional Use Permit.
Q: Why do people call that a variance?
A: Because they do not understand the difference between a Conditional Use Permit and a variance.
Q: Then what is a variance?
A: A variance is a type of approval granted to allow something that is otherwise prohibited by the zoning ordinance.
In your case the zoning ordinance allows the Planning Board to entertain approvals for the replacement of a lawfully pre-existing structure too close to a property line. It’s “grandfathered.”
It was built a long time ago before the zoning ordinance was adopted.
Q: If we wanted to build the replacement of our old garage closer to the property line, then we would need a variance?
A: Exactly! The Planning Board cannot approve such a request. The request has to be for the same thing, or more compliant.
In other words, the new garage cannot be closer to the property line. Even one inch!
Q: Who can approve a variance? You? The Town Board?
A: No, not this office or the Town Board!! Since the request for a variance is the same as requesting an appeal from the zoning ordinance, the Zoning Board of Appeals has this jurisdiction.
Q: Is it the same group of people?
A: No. It’s a completely different group of people. The Planning Board has seven members and the Zoning Board of Appeals has five members.
Q: There must be different applications?
A: Oh yeah…we have all the applications here in the code office.
Q: Can you give us any advice as to how to get this approved?
A: We do try to offer advice. Here are some basic things to try and understand.
An application to either board almost always… 99% of the time…requires a good, up-to-date land survey.
There needs to be good and rational reasons why you are trying to do what you are proposing.
If the new garage can be put in a compliant location, thus no board approval required at all, then it should be. That simple.
Q: So we need to be prepared to show the board why our proposal is the best place for the garage?
A: Exactly. Neither board hands out approvals like candy. If you can show them, with competent information, documentation, written estimates, or whatever, that what you are proposing is the best solution for a non-conforming situation, you’ll have a much better chance of success.
Try to think like a board member.