Lloyd ZBA to approve front yard structure

By Mark Reynolds
Posted 1/4/23

The Lloyd Zoning Board of Appeals is about to grant an area variance to allow Nicholas Corday and his wife to construct a 100ft by 50ft outbuilding in the front yard of their property at 67 South …

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Lloyd ZBA to approve front yard structure

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The Lloyd Zoning Board of Appeals is about to grant an area variance to allow Nicholas Corday and his wife to construct a 100ft by 50ft outbuilding in the front yard of their property at 67 South Street. According to the town code [sec. 100-16 A (1)] accessory buildings are not allowed to be located in a property’s front yard. This particular application has given a window into how the ZBA operates and makes decisions.

During a recent public hearing, the Cordays said their property is not yet a farm but in the future their goal is to manufacture and process honey on the property. The couple provided the ZBA with survey and topography maps showing the requested location of the proposed building in the front yard as well as a mock-up of the structure itself. He said the building, if allowed, would be more than 1,064 feet from the road.

In defining a front yard, Chairman John Litts, said the code states that it is, “a yard extending across the full width of a lot and lying between the front lot line and the nearest line of a principal building.” He clarified this point, saying that the Cordays front lot line is South Street and not to the west, and their principal building is their existing house. He said the Cordays have said they are seeking a waiver for the front yard because that area is rocky and more suited for a building, while the back yard, where the structure is permitted, the couple believe the soil is richer and more appropriate for farming.

Litts said the ZBA needs to have a reason on why the building has to be built in the front yard. The ZBA’s land use attorney, Paul Van Cott, said locating the building in the front yard is a factor for the ZBA to consider.

“So to the extent that that points to a certain location where they want to put the building is relevant, I would say,” he said.

Litts pointed out that because the property is not yet an operating farm the ZBA cannot consider the property as a farm in their current deliberations on whether or not to grant a waiver.

“We’ve got to go through the process and we have to justify our position, whether it be yes or no,” Litts said, adding that his board has to treat this application as a “regular outbuilding in a regular situation.”

All of the discussions by the ZBA that followed, however, ran counter to Litts’ statement by repeatedly asserting that the Corday’s property will be a farm in the future.

Litts said that while putting the building in the back yard meets the requirements of the town code, “it would be a detriment to the use of what they want to do with the land, which is planting.” Van Cott asked if there is a reasonable alternative that would not require a variance, with the owner and the board jointly responding, “not without detriment,” given their project objectives for agricultural use.

The board said the requested variance is not substantial, “relative to having an accessory structure in the front yard because of the topography of the land and proximity to the nearest road and nearest property.” Van Cott backed up this position, saying there is case law on this point where there are no environmental impacts, “even though it’s a 100% variance from the standard; you still can reasonably conclude that it’s not substantial.”

The board agreed that the difficulty is self-created by the owner but rather than elaborating on this point, the board only reiterated that placing the structure in the front yard is what the owner is requesting.

Van Cott said the final point for the board to consider is balancing the applicant’s goals versus the impacts of allowing the variance. He asked if the board was comfortable considering these factors in granting the requested area variance. The full board said they favor granting the variance, with Chairman Litts adding, “this is unique and is not a standard, normal situation.”

Van Cott will be drafting an approval for the variance for the ZBAs January 12th meeting that is scheduled for 7 p.m. at the Town Hall, 12 Church Street in Highland. The public hearing was kept open should there be any additional comments or letters for the board on this application.