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Did anyone have an issue when applying for a variance. We need a variance for installation of our pool. It has to do with the footprint of the house in relation to the property size. Our desired location of pool is ok because the setbacks are fine with our placement...footprint is only issue. Our house was extended with proper permits and variances years ago by the previous home owners. On the survey, a shed is shown (which is no longer there). We currently have a huge deck with proper certificate of occupancy. We plan on removing the entire deck. In a few years we would like to put a patio with pavers (at least 50% smaller than the area of the current deck) we so badly want this pool. Our yard in enclosed with 6ft high fences that have the proper gates for pools. Now we have to apply for a variance. We want to do everything correctly. We have to pick up the letter of denial from town hall and proceed with the variance. Will the board give a hassle for a pool and since it's in ground/nor visible. As stupid as it is i am having nightmares of the board denying us and telling me to put an above ground pool lol Please enlighten me and tell me it will be ok (I hope!). We know all our neighbors who would receive the letters. We are on good terms with them especially the one next door neighbor who it may affect the most and we literally have his blessing. We have no qualms about telling the other adjacent owners before the notice is sent. Regardless if the adjacent property owners don't object, it is the boards decision ultimately...
Also how much is an expediter? Are they worth the cost? We obviously want to increase our chances of hearing a positive answer from the town board. I appreciate all of your input and tips
Not sure what town you're in but I was forced to get a variance for the central air units on the side of the house a few months back with Town of Oyster Bay. After you get the initial denial letter, you do the radius map and notify all your abutting neighbors within 100ft, including the ones that touch your backyard fence and its corners. It basically notifies them that you will have a day in "court" and if they oppose, show up and explain why. The best ally you can have would be a letters of approval from your immediate neighbor(s) which you will present to the board. Some hire attorneys to stand in for them which I think is unnecessary unless you know you will face opposition. The board will ask a few questions and if you explain it as you did above, I doubt you will have any problems getting it passed.
If you are in the TNH you can do what I did with my wonderful neighbors. You can ask the board of zoning for a consent form and find out exactly which neighbors need to be asked and then make the appropriate # of copies. The info on each is your section, lot and block as well as theirs, the description of the scope of the work (I would include the landscaping on this also, as in, in ground pool and landscaping.) Then each will sign the form they filled in. If you can get this from everyone you need to, it will eliminate the the mailing expense and make the hearing go a lot faster.
My neighbors had no problem with my a/c and the only caveat from the board was I had to landscape around the unit. The previous owners had installed the a/c with no permit and I had to get one. The pictures I took with me to the hearing showed the already existing landscaping, which I had done soon after I moved in 16 years prior. Once they saw the pictures, they approved it immediately with no conditions, which is why I would include the landscaping on the consent form as well as the variance application.
What % of your lot is covered now? How much of a variance are you going for? These are the biggest concerns in variance approvals.
If you didn't get the pool... would you still have the deck?
In my town, you need a new survey, the pool and landscaping plans to accompany your paperwork.
I sat on our local zoning board for 5 years. Turned down two inground pools..........we were looking at 75%+ lot coverages in both instances.
We have the deck now but will demolish it now if necessary. We wanted to wait to remove it because we wanted a wait a year or so after the installation of the pool to recover a bit financially and pave our BBQ/dinner area. Our plans were/are Year 1 pool, year 2 or 3 paving. Is landscaping classified as paving and gardening, one or both? If the town wants the deck down now in order to give us the variance then it will come down tomorrow! Also if that is the case then all we will be able to do is throw some gravel down where our BBQ/dining set is and grass out the remainer or where the deck was. That would not be calculated in lot coverage...would it? Do paved patios need certificate of occupancy? We don't plan on additional masonary around the pool aside from coping. Our landscaper calls it "hamptons style" a rectangle with bluestone coping and grass all around. We are doing that for look and also due to yard size. Can the board also tell us to modify pool size or style to allow the variance to go through?
I don't know the % coverage. How can I calculate it. We are so new to this. I greatly appreciate your help.
Probably the easiest way is to look at your survey. How many sq ft is your lot?
What is the footprint of the house, deck, shed that is shown and any other impervious material covering the lot? (asphalt, concrete, etc).
Estimated footprint of pool, coping, etc. Concrete pad needed for mechanicals for pool?
Will start here...and go from there.
Husband just told me the town does not count paving at all in footprint. The woman at town hall told him that.
I'd will dm you
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Please enlighten me and tell me it will be ok (I hope!). We know all our neighbors who would receive the letters. We are on good terms with them especially the one next door neighbor who it may affect the most and we literally have his blessing. We have no qualms about telling the other adjacent owners before the notice is sent. Regardless if the adjacent property owners don't object, it is the boards decision ultimately...
