Port North BZA Reasons With Resident

For one Port Washington North resident, fulfilling his dream also meant fighting a battle. Michael Vaitzman, who has lived in Port Washington North for 10 years, always wanted a special backyard with an in-ground pool, a Mediterranean trellis and a convenient outdoor barbecue area.

The homeowner, who is in the process of constructing his dream backyard at 145 Soundview Drive, came before the village's Board of Zoning Appeals at its March meeting for a decision pertaining to its future.

Port Washington North Building Inspector Robert Barbach said there are two issues with Vaitzman's yard. "There are two elements in the rear yard built without permits and when the permit application was received, we found that they were in violation of the code as constructed," Barbach said. "Element one is the trellis, and element number two is what I will call the outdoor pantry, which are the granite counter-tops, the barbecue, the sink and the other things immediately outside the house."

According to Barbach, the trellis was placed too close to Vaitzman's neighbor's yard and the outdoor cooking area wasn't up to code.

Barbach stated his concerns in regard to the outdoor kitchen area, which is located very close to the entrance of Vaitzman's gated yard. "We have very strong concerns that the counter-top will impact the fire department's ability to gain access to the rear yard," he said.

The building inspector explained that should a fire occur, firefighters would have difficulty reaching the fire because of the immovable structures in the outdoor kitchen. "The requirement for a three-foot clearance from the property line would allow firefighters to get into the property," Barbach said. "At this point, they would come in and hit the counter-top then have to jog and go right next to the barbecue units themselves without any safety considerations whatsoever."

Despite these issues, the board unanimously voted to approve a variance to allow for the trellis to remain as it is currently constructed. But the outdoor cooking area remains another issue in itself.

Howard Krebs, Chairman of the Board of Zoning Appeals, offered Vaitzman two choices. "We can come up with a motion, put it to the vote and you'll have a decision tonight. If you feel that there is some information that you'd like us to consider, that either a fire department official or some other official would like to come and be heard or submit evidence, we are not opposed to giving you an adjournment to do so. That means there's going to be another hearing date and no decision tonight."

Vaitzman decided on the latter, but the second hearing has not yet been scheduled.

"The board should close the hearing and give Mr. Vaitzman time to submit any additional information in writing from the fire department," Village Attorney Anthony Sabino said. "At that point, the board will have a meeting to consider voting on the resolution to grant the variance for the barbecue pit."

Vaitzman said he was grateful for being given the opportunity to fix any mistakes and hopes his dream yard will be up to code soon.

"Sometimes people want to do something interesting, something beautiful, to make our life and our dream better," Vaitzman said. "This is my chance to do that."