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June 12, 2009

Harveys Lake man gets to keep 1 deck on house

The property owner was building 2 decks without borough variances.

HARVEYS LAKE – Zoning board members tried to piece together a puzzle of assumptions to decide on a variance hearing for an Orchard Street property on Wednesday night.

The Harveys Lake Zoning Board members ruled to meet resident Joshua Williams halfway regarding variances sought for construction of a front and back deck on his home.

Williams was seeking a 21-foot variance to allow a deck to be built on the front of his home. The zoning ordinance states a 25-foot length should be from the front of a structure to the roadside property line.

In addition, the lot is not wide enough to accommodate the decks, according to the zoning law. Both decks encroached toward the property line.

Zoning Officer Andy Luzetski said because the lot measures 50 feet wide instead of the standard 80 feet, it already was considered a nonconforming structure.

Board members unanimously agreed that Williams must remove the front deck but would be allowed to keep the back deck, pending approval by the code enforcement officer for safety purposes.

Williams said he started to construct a front and back deck following having repairs done to the home’s foundation. He believed the contractor who obtained the permit for the foundation repair also had the deck work included.

Williams said he did not know the front and back decks would be an issue.

“I did not think it was wrong,” he said.

Aileen Dodson, a neighboring property owner, pleaded to the zoning board to rule against the variances.

“Responsibility comes with being a homeowner,” she said. “(There’s) a legal responsibility to follow the zoning rules for safety.”

After the decision was announced, Williams said, “It was not too bad. I am glad they met me halfway.”







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Friday June 12, 2009, 1:00:00 EDT


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