March 16, 2017

Ms. Weiss asked Chairman Neuer if the Board could give the applicant the opportunity to come back with a professional engineer; he said that once the Board makes a decision they cannot hear it again. Chairman Neuer called for a recess at 9:39 pm. Chairman Neuer resumed the meeting at 9:51 pm. 2. ZB-16-11/Facey Carried from 2/16/17 Block: 85.03; Lot: 8; Zone: R-5 233 Mt. Pleasant Avenue “D” variance to repurpose an existing garage to be utilized as a den Kenneth Brown, attorney for the applicant, approached the podium. Mr. Brown stated that his client innocently purchased their home where the garage was converted into a living room/den. He said that his clients had no idea there was any zoning violation even after they went to Town Hall and were granted a certificate of continued occupancy. Mr. Brown stated that the solution for the problem is granting a “d” use variance; to permit the den/living room to remain instead of the garage. Mr. Brown stated that the property is suitable for the use; the structure is residential and the neighborhood is residential. He said that the conversion is not an eyesore and is not causing any substantial detriment to the ordinance or the residential use. Mr. Brown said that the conversion is hidden in the rear of the property and his client does not park their two cars in the front of the house. Mr. Brown stated that there is no other location on the site to put a garage because there is not enough room. He said it is an undue hardship and if the Board votes to tear down the living room and build a garage, it would be a major construction and landscaping project because of the incline of the property. Chairman Neuer asked Mr. Brown if he has any witnesses because everything he said, as the attomey for the applicant, is argument and not testimony. Mr. Brown said he does not have any witnesses but what he says should prove his case; he said that he would have to subpoena the original owner. 12