Ever had an Area Variance DENIED?

   / Ever had an Area Variance DENIED? #21  
bczoom reminded me of another angle.

Does the shed have power? If there is no power to it, does that change it's classification? Also the square footage will change the classification of perminent structure to garden shed. It varies around the country, and I have no clue about your area.

Good Luck,
Eddie
 
   / Ever had an Area Variance DENIED?
  • Thread Starter
#22  
I'm not certain if power makes a diff or not, however, square footage is definitely asked for on the variance application. In the meeting I do recall someone commenting that 200sqft was an important number for one reason or another ((things got a bit blurry after the FEMA EPOD issues came up). At 16'x12', or 192sqft, I believe I may have dodged some bullet there, just not exactly sure what it was! bczomm, I'll know by tomorrow a.m. whether I'll need to educate myself for further strategy. Hoping it won't be necessary.
 
   / Ever had an Area Variance DENIED?
  • Thread Starter
#23  
</font><font color="blue" class="small">( Good Luck,
Eddie )</font>

Thank you Eddie! IT WORKED! /forums/images/graemlins/smile.gif

Just got the call...

FEMA flood plain elevation = 570'
Lowest ground elevation around perimiter = 571.1'
First floor elevation = 572.5'

IT'S OUT! /forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif

Did you see that big, angry monkey jump off my back?
Oh, Happy Day!

Back on track for the side setback variance, next meeting tomorrow...
 
   / Ever had an Area Variance DENIED? #24  
Dholly,

Can you say by the skin of your teeth! /forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif LOL but that is close. Glad it worked out. Usually the small guy looses. I'm happy to see a different outcome even if it was by 2.5 feet! /forums/images/graemlins/grin.gif

Later,
Dan
 
   / Ever had an Area Variance DENIED? #25  
WOW, congratulations!!!

Hard to believe how close you were with just a few feet.
 
   / Ever had an Area Variance DENIED?
  • Thread Starter
#26  
Previous meeting postponed, so last night was first time back. After 30 mins determining whether a fence could be placed on some guys property, and what style, required landscaping, etc., my hearing commenced. The 'Chair' started with a recount of how onerous the situation was, how bad things looking for me and turned the floor over to the town atty.

As he began to read his 'findings', I asked if I might interrupt but was told to hold my tongue until after the atty was finished. Fine. 20 mins later - yes, 20 full mins! - he was done... basically saying I was S.O.L. and they could not possibly issue a variance because it was in the FEMA flood plain and, therefore, it had to be torn down. I again asked if I could speak. The Chair said "the board has ruled, there is nothing you can say or do to change our minds or the legal situation that you brought upon yourself." And the gavel came down.

I again asked if I could speak. After a somewhat annoyed sounding "yes, but quickly, we must keep the meeting moving along...", I asked the atty which map he based his determination on. "The EPOD map", he responded. Since I had seen at least two EPOD maps that contained conflicting boundaries, and that didn't include the subdiviaion map with it's elevation lines, I asked which one, He would not elaborate further than "the town EPOD map". So much for accountability.

So I gave the Chair a copy of the subdivision map I obtained from their own building inspector/dept., and my newly certified instrument survey with the elevations clearly marked to show the shed not in violation. The silence was defening, with the exception of a few hurumpf's from the zoning board chair and town atty.

After several more minutes of questions, the determination was once again postponed until the next meeting, "in order to confer with the building dept. about the validity of maps in question." I respectfully pointed out that every map I had presented contained a raised seal certification and also showed the original receipt for the survey update. But noooo.... gonna drag it out ANOTHER three weeks just to teach me a lesson I guess. Sheesh.
 
   / Ever had an Area Variance DENIED? #27  
Sounds like your dealing with some EXTREMELY important people here. I think giving them all that common sence and some actual facts might take longer then three weeks to deal with. Sometimes with such self important folks, facts might never even enter the decision making process.

Sorry, I feel for you.
 
   / Ever had an Area Variance DENIED? #28  
As the town attorney said in his 20 minute disertation.... don't confuse the issue with the facts, they have there minds made up. I suggest that you have the surveyor contact the building department and get as much as possible in agreement with the building officials ASAP. Then at the next meeting, see if you can get the building official to attend the meeting and bring along your surveyor to testify to the authenticity of his work and answer any questions. It might also be necessary to have him bring along his State license to prove that he is properly licensed to practice surveying. Never underestimate the tactics that they will pull out of the hat for the next round. You have already painted them into a corner, and like any rat that is trapped in a corner, they will come out fighting and biting until you, the predator are put down. As I said originally, you should have a well connected attorney at the meeting. Are the meetings taped or transcribed? Many times, they are not, because the rats don't want any record of the lies that they tell.. Good Luck..... you sure are going to need it now.... /forums/images/graemlins/frown.gif
 
   / Ever had an Area Variance DENIED? #29  
I would also suggest that you create your own record of the next hearing by bringing a tape recorder (make sure everyone knows they're being recorded BY YOU), or better yet, a stenographer. You don't want to rely on their minutes or the possibility that if they tape the hearings, the tape suddenly disappears when you want a copy of it.
 
   / Ever had an Area Variance DENIED? #30  
I agree with the stenographer idea. Around here, when the knowledgeable developers come in to a P&Z meeting where they have been shortchanged in the past, they bring a certified public stenographer to take notes. This becomes a legal record of the meeting. Suddenly, all the officials in the room start minding their p's & q's.
 

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