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Old 04-04-2019, 11:15 AM   #68
MAXUM
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Quote:
Originally Posted by Lakegirl24 View Post
Rusty,

Thank you for your opinion. I hope you are right. He seems to just do what he wants. Apparently rules don’t apply to him. If he does prevail it will set a precedence for all other non conforming structures that are lakeside. These could pop up all over the lake.... My family has been there since 1966 without ever a problem with neighbors UNTIL NOW. So Sad.
Well yes and no.

Far as the existing building as it stands - he did adhere to the process of securing permits. It's not as if he is rebuilding this under the radar.

IF indeed his intention is to turn that into living space that is an entirely different matter however the courts cannot rule on that unless modifications have been done to the structure that indicate it's use has been changed along with supporting evidence this is actively happening. He has no argument to change it's use, as permitted it is a dry "boat house" and nothing more. It's purely aesthetic appearance is irrelevant to it's actual use. Under the circumstances if it's use comes up in the course of litigation the court should, I would think, include in it's ruling that whatever is build cannot be used as living quarters.

I think that the amended PBN submitted after the ZBA decision was not very well vetted, but the approval right or wrong was granted and thus really is the focus of this court case. What does that approval mean and did the applicant violate it?
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