Talkin’ Code with Andrew Getty

Variances are not always difficult, but there are no guarantees

I’LL JUST GET A VARIANCE

Q: Hello, is this the place to get a building permit?

A: Yes sir, the Code Enforcement Office. What kind of project do you want to do?

Q: We are starting to put an addition on our camp, and a neighbor stopped to ask if we had a permit. Do I need a permit to just add on?

A: Yes, a building permit is required.

Q: Can I send my wife down to pick up a permit, and how much is this going to cost me?

A: The cost is dependent on the size of the project. Have your wife come in and fill out the application which is only one page.

The important information will be on the construction drawings and the plot plan that she will bring in and attach to the application.

Q: I don’t have any plans, and I don’t have a plot plan either. I know I don’t need them because it’s attached to the existing camp. My wife will come in to your office and buy the permit. How much will it cost?

A: Depends on how big the project is and a set of plans is required to get the permit.

Q: It’s about the same size as the camp, around 24 feet by 30 feet, and will have a loft for the kids. The plans are in my head, I’ll give you the lumber list so you can figure it out from that. You can see what I’m doing, what do you need plans for?

A: A permit will not be issued until you can show compliance to the NYS Residential Code and the Local Zoning requirements for location, setbacks from property lines, waterfronts and roads.

Q: Do you think I’m nuts? I’m not building this in the road or on the water. And I know exactly where our property lines are. My Father showed me the place where the tree was on the line and we put a rock there after the tree blew over in a storm. I know right where it is; do you want to see it?

A: No, that will not be necessary. There is a strong possibility, a very strong possibility, that a survey may be required to verify the location of the existing structure and the addition.

Q: I already told you, I know where the line is. Why do we need a survey?

A: If you know how far from the shoreline or any property line the addition is, and the addition is clearly, without any question, farther than 100 feet from the shoreline, farther than 25 feet to any side line and farther than 50 feet to any rear property line… and all this can be verified easily on-site, a survey may not be required.

Q: The existing camp is only 20 feet off the lake now, but it is all grandfathered so I can do what I want to. And the neighbors next door do not care if the addition is right next to their wood shed, so being 25 feet off the side property doesn’t matter either. How much is this permit going to cost me anyway?

A: Let me summarize what I think we just discussed.

The camp and the addition are all within the 100 foot shoreline setback area.

The addition is going to be 2 or 3 feet from the neighbor’s wood shed, which is assumed to be on the side property line, and you think everything is fine, and all you want is the permit.

Q: Yeah, that’s right, how much does it cost, 20, 30 bucks?

A: I can’t give you a permit.

Q: Why not? It’s grandfathered, my neighbor doesn’t care, and I have already started construction!!?

A: First of all, here is a STOP WORK ORDER. You must stop all construction activities immediately.

Secondly, we will need a complete survey showing all structures accurately located, signed by a NYS Licensed Land Surveyor, and showing where the addition will be located.

And lastly, even if you get me this stuff the permit will still not be issued.

Q: You’re joking right? You’re saying if we get all this information, survey, plans, etc… you will not grant the permit? Why not?

A: That is correct. In your location the Zoning Classification is RR, therefore a 100 foot shoreline setback is required for any construction, even additions.

And you also have a side line setback issue where a minimum of 25 feet is required.

Unless you apply for and receive an Area Variance from the Town Zoning Board of Appeals, no permit can be issued.

Q: Fine. I’ll just get a variance. How much is that going to cost me?

…some days are good days, and some days are a little more challenging…

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