Village Board Recap: Trustees Debate Building Code Changes

The Village Board discussed two proposed changes to building codes at Thursday's board meeting, one that dealt with the proximity of central air-conditioning units to neighboring properties, and the other on increasing the amount a homeowner can expand their home when compared to its floor to area ratio.

As the code currently states, central air conditioner units have to be 30 feet from the neighbor's property line, or about 50-60 feet from the home. That code was put into affect years ago because units were so loud it disturbed surrounding neighbors. Due to restrictions on how far units had to be from the property line, many homeowners were forced to put their AC unit in the front of their homes.

Trustee Mike Sepe said that units are much quieter now, and that they should be allowed on the side of homes, even if they are not 30 feet from the property line. Building superintendent Dan Casella said that pool filters, which he noted are much louder than current central AC units, only have to be 10 feet from the property line.

The other building code discussed dealt with home expansions and floor to area ratio. FAR (floor to area ratio) is the ratio of the square feet of a home — excluding attics, cellars and attached garages — compared to its lot size. Current code states that no matter the size of a lot a home sits on, the FAR cannot be more than 40 percent of its lot size.

For example, a home on an 8,000 square-foot lot could not expand more than 40 percent of its FAR, which would measure an additional 3,200 square feet.

This law was put in place to protect against the building of "McMansions," Sepe said, but for homes on smaller lots, it's not fair. "The emerging consensus is that this doesn't make sense," he said. "Can it be fairer?

Bob Schenone, chairman of the Board of Zoning Appeals, said that he has three cases right now for modest extensions that are over 40 percent FAR but the code prohibits it. "When you look at the plans, it's not that bad," he said. "It's causing homeowners problems."

Rich McQuillan, a real estate agent from Links Real Estate Group in RVC, said the code has scared away potential buyers who want to purchase homes and add a bedroom or den, and because of it, take their business to other villages that don't have floor to area ratio in their building codes.

Casella suggested that for homes on lots of 60x100, 50 percent FAR would be fair. For lots larger than that, Casella said, 45 percent could be a good starting point. He added that if the board were to approve the changes, the village would still be protected against the building of McMansions because lot area and height codes are still in affect.

Trustee Ed Oppenheimer said he agreed with the 50 percent FAR proposal for homes on 60x100 lots, but needs more information on changing the code for larger lots. "I was willing to entertain something like that, but I'm concerned how strong the lot set backs would be," he said.

The board did not make a decision on any of the code changes, and attorney Tom Levin said the board could hold a public hearing on the changes as early as Nov. 7.