Is Winter Ending?
Not Yet.
Here in the Code Office, the winter season is kind-of weird. From Thanksgiving through January, the phone doesn’t ring too much. Very few permits are going out the door, things are a little quiet. This time of year is always a great time to do those things that seem to be set aside. After January, things start to change.
This year has proven to be the same. The phone has been ringing more. Property owners, potential property owners and contractors are asking questions, requesting applications, finding out the requirements. Even though there is still lots of snow out there, and the sounds of snowmobiles are everywhere, here in this Code Office, winter is fading and spring is moving in.
I guess this is a good thing. Hopefully it means a busy year for local contractors and suppliers. Hopefully it also means that people may be spending a little extra cash on that summer vacation right here in the Adirondacks as well.
Asking questions now, for that anticipated big or small project this summer is prudent. Our job here in the Code Office is to guide you through the regulatory process in a manner that encourages compliance at all levels, without the need of any special requests or need of variances. Occasionally this tends to be a challenge, especially on smaller lots, lots with unique restraints or existing conditions or restrictions.
Recently, there was an application made by an home owner, to the Town’s Zoning Board of Appeals requesting relief from the minimum front yard [road side] setback for the construction of a garage. Although the lot was encumbered by some interesting features including wetlands, and an encroachment onto the property by a private road [which seemingly has been there for sixty years], there were alternatives to the proposed location that would comply with the Town’s Zoning Ordinance.
This office discussed at great length the application with the home owner, and looked at all possibilities. There was no doubt that the lot was interesting, and there were very limited areas a garage could be placed. But the home owner wanted to move forward with his idea, that of having a detached garage in a location which did make some sense….but it needed a variance granted by the Zoning Board of Appeals.
The Zoning Board of Appeals always tries to understand all potential alternatives and then balance the request to potential negative aspects regarding those alternatives. In this case, it was clear that a garage could be attached to the house and be fully compliant without the need of a variance. Although the Board understood the home owner’s reasons to have a detached garage, that reason did not out-weigh the fact that no variance was needed to enable them to have a garage. There were reasonable compliant alternatives.
Before the Board had to officially deny the application, the home owner said they would reconsider their request and either re-apply or move forward without the need of a variance. That whole concept is exactly what this office tries to do with applicants during the application process. Guide the applicant forward, seeking compliance, without the need of any variances, if possible.
This review process takes time. If an application must be made to the Zoning Board of Appeals or the Planning Board, it takes more time. Due process requires legal notices in the local paper, which means even more time.
Thus the reason the start planning for your project now, not the week before the contractor is scheduled to start, only to find out it may take 30 – 60 days to get the permits required to do what you want. And, as with any variance request, there is never a guarantee of approval……… Shall we see you sooner than later??
