January 10, 2007
The meeting was called to order at 7:30, p.m. with the following members present: D. Gyure, D. MacRaild, and N. White. D. Christine and B. Corbin are excused.
Also present: C. Osborne – Fiscal Officer, T. Lee – Solicitor, S. Roessner – Zoning Inspector, Andrew Kalnitsky – Middlefield Homes, Stacey MacRaild, and Tyler Sodee.
Agenda: Add election of Board Chairman.
Minutes of November 8, 2006 were presented for approval. White moved to approve the minutes as presented. Gyure seconded. Roll Call: All Yeas (3).
OLD BUSINESS – none before the committee.
NEW BUSINESS
1. Middlefield Homes: 15136 Woodsong Dr. sideyard setback – Kalnitsky stated this lot is 60’ wide and the sideyard setbacks required to be 7.5 on each side. The surveyor placed house off center resulting in a 7’ sideyard setback on one side and an 8’ sideyard on other side. This was discovered only when the house was complete and the surveyor performed the asbuilt drawings. Also, new construction began on the neighboring lot and that surveyor confirmed the error. Roessner stated he personally measured the area to verify the survey. This mistake was made in the building process. The house is complete and the family moved in last autumn, prior to their final occupancy permits being issued. Roessner stated the issue is there need to be better checks and balances, and the ultimate responsibility for the bidding per the permit is on the builder and his surveyor. Roessner stated Village Council has now passed legislation prohibiting water to new homes until all the final inspections have been completed, and so that residents should not be able to move in prior to the issuance of an occupancy permit.
Lee stated there have been many issues with Mr. Kalnitsky over the years. A meeting was held with Kalnitsky, Roessner, the Village Administrator, and Lee where Kalnitsky was instructed to inform the homeowners of this issue. Kalnitsky stated he hasn’t notified the owners as yet. Roessner noted that Kalnitsky applied for this variance, but he isn’t the owner of the property.
Lee stated Kalnitsky must notify the property owner that there is variance had to be requested because the house was built in the wrong place, and it is a non-conforming lot with a variance. This may or may not be an issue with the property owners, but they join in need to know about it. Also, the property owner must submit in writing that he/she recognizes there’s a problem and they join in Kalnitsky’s request for a variance. Kalnitsky should not be applying for this variance and a variance cannot be granted because Kalnitsky doesn’t have any legal ownership of this house. Kalnitsky has a potential claim against him by the property owner and a potential demand by the Village that Kalnitsky to take the house down and build it in the correct location on the lot. Lee stated this is a requirement in some cities.
Lee stated one problem with a variance to correct a self-created problem, like where a house is built in the wrong place, could be viewed as an easy fix, and that granting a variance therefore deters people from being careful. This problem is compounded because Kalnitsky submitted as as-built drawing stating the house was built in the correct place. Lee stated either Kalnitsky’s surveyor made 2 errors, the first one being where the house was built and the second being where the house is actually located, or covered up the first error with the second error. The Village is reserving the right to take action with the Board of Surveyors depending upon the outcome of this hearing. This error wouldn’t have been caught if there hadn’t have been a different builder on the neighboring lot. Lee stated in other communities an issue such as this results in ordinances requiring that, once a foundation has been dug, the Village Engineer will survey the area at the builder’s expense. This would result in Village residents being forced to collectively expend, over time, hundreds of thousands of dollars because of the additional verification expense, extra verification because the Village can’t trust what has been filed as an official. This was discussed with the Planning Commission and it was decided the Village would not – at this point – adopt legislation requiring the Village Engineer to perform these surveys. If this variance isn’t granted, there is a potential problem with this cascading throughout the development. Lee stated we have many certifications from surveyors, but we don’t know if these certifications – like the one we have from this property – are inaccurate.
Lee advised the board that this house is the correct size for the lot and there’s extra room on one side. The house is just placed incorrectly on the lot.
Kalnitsky stated he’s hired a new surveyor.
Lee stated if this happens again with Kalnitsky, and especially if Kalnitsky submits an as-built that is incorrect, the board will be disinclined to grant any new variance. Lee also noted that although the house was occupied without a final inspection or an occupancy permit, this will not happen in the future because the Village has passed legislation that prevents a water connection to any residence until after the final inspections are complete. Roessner stated he’s notified the owners that there is an issue with their property and with the occupancy permit.
MacRaild moved to grant a 6-inch side yard variance on the north side of the property between sublot 95 and sublot 86 on Woodsong Dr., reducing the required 7’ 6” sideyard to 7-feet, contingent upon receipt of confirmation from the property owners that they’ve been notified of the issue with their property, and they join in the variance request. Seconded by White. Roll Call: All Yeas (3).
2. White nominated Dan MacRaild for Chairman, seconded by Gyure. Roll Call: All Yeas (3).
Being no further business at this time, MacRaild moved to adjourn the meeting adjourned at 7:54 p.m.