March 16, 2017

Vice Chairman Buechler said that the applicant should have brought an Engineer to this meeting to testify that he inspected the structure to see if the work was done properly. Chairman Neuer asked Mr. Grygiel to explain the requirements necessary to grant a “c” variance, Mr. Grygiel said that the requirements for a “c”"1 variance would be for a hardship such as the physical condition of the property and a “’c” 2 variance would be for the advancement of the zone plan and that the benefits should outweigh the detriments. Mr. Steinhart stated that he does not feel that because Victor Zamora was supposed to know that he needed permits to do the addition that it would be a reason for the Board to deny the application. Chairman Neuer stated that this was a self-created hardship. He said that an addition with a bathroom is not minor construction and they should have known that they needed permits and that the Board does not know if the addition is safe Chairman Neuer said that there are inconsistencies in the testimonies and that he is not comfortable with the credibility of what the Board heard in testimony. Chairman Neuer stated that he is going to vote no. Mr. Schwarzbaum questioned if the Board would have granted permission to build the addition if the applicant came to them before building it. He said that the addition was not detrimental to the community and had it not been built without permits and they came before this Board it would have normally been approved. Mr. Schwarzbaum said that the Board can give them the approval predicated on getting all of the inspections done by the building department and have them determine if they are in compliance or if the applicant has to tear it down, Ms. Weiss stated that she agrees with Mr. Schwarzbaum. Vice Chairman Buechler made a motion to deny the application based on the reasons he stated during the discussion. Chairman Neuer seconded the motion to deny the application. 10