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SYRACUSE -ÊSyracuse Board of Zoning Appeals wants its decisions to have more bite.
Thursday, the board discussed options to give them more muscle after a previous case before the BZA was brought up.
In October 2002, Larry Stewart petitioned for an exception for the construction of an oversized accessory building of 2,520 square feet where the ordinance allows 720 square feet in a residential district, and for a variance to permit the construction of a detached garage 10 feet from the south line, 28 feet from the north right of way and to allow the garage to be 26 feet tall with 5-foot side setbacks. He also petitioned for a variance to permit allowing a screened porch and second-story deck to remain 22 feet 9 inches from the water's edge.
While the board approved most of Stewart's requests, they denied the second story decking to remain as constructed and gave Stewart until April 1 to remove the decking or bring it into compliance with the Kosciusko County Zoning Ordinance.
The property is on the south side of Medusa Street and 616 feet east of Front Street in Syracuse.
As of Thursday, board member Jon Brookmyer said, Stewart still hasn't come into compliance. He said the BZA needs to be more responsive with violations. The Kosciusko County Area Plan Commission sends out letters, waits 30 days and sends out another letter, waits 30 days, but that isn't effective.
Board chairman Mike Brower agreed, saying he would like to see more lively enforcement, to which board member Steve Sharp added he wants to see more timeliness.
Matt Sandy, county plan commission assistant planner, said the commission sends out several letters because at one point, the ordinance violator received only one letter, but sometimes, by the time the person got the letter, they already were being taken to court for the violation. In the county, there are approximately 300 open violations, not counting the ones being addressed in court, Sandy said.
Brookmyer said he understands that the county wants to work with the property owners, but in the Stewart case, the violator knows what is expected. He also said if Stewart can get the decking torn down in 10 days to meet the April 1 deadline, he didn't know why they gave him six months to do so.
Brower said he didn't think any more notices are needed. Stewart's deadline is 10 days away and he should have the decking down when he's supposed to have it down.
His interest in the matter, said Brookmyer, is for the BZA to have effectiveness in their decisions. "We just need some bite," he said. "We need some bite."
Gus Duehmig, BZA member, said they often make decisions different from the county BZA, so they could follow through differently.
If the Stewart cases goes to court, or any case goes to court for that matter, board member and town councilman Larry Siegel, said the matter can take years for it to be resolved.
Brower said if Stewart is not in compliance by April 2, he should receive his notice that the matter will be handled by the courts. Maybe this is a case to set precedence, he said. Brower then made a motion that if Stewart is not in compliance by April 2, the BZA will proceed with its recourse in the courts. The motion was approved unanimously.
Sandy said he will send out the notice via certified mail. Brookmyer said he was really serious about the board's effectiveness.
He also said he wants to take a stance on after-the-fact petitions brought before the board. In those cases, the project the petitioner wants the BZA to approve either is already started or completed.
He said he is about 95 percent ready to deny any petition that comes before them if it's an after-the-fact petition.
Brower said during their hearings, they need to ask the petitioners how far along they are with the project. If they give a response that they have begun or are finished, Brower said, they need to confirm they have started.
"If you give people slack and it comes back to bite you, you have the right not to cut them any slack in the future," said Brower.
In the only case on the BZA's agenda, the board approved Joseph Secedi's petition for a variance to permit allowing a residence addition zero feet from the north property line. The property is on the east side of Front Street in Syracuse.
Members of Syracuse Board of Zoning Appeals are Mike Brower, Jon Brookmyer, Steve Sharp, Larry Siegel and Gus Duehmig. They meet at 7 p.m. the third Thursday of every month in the town hall.
