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Controversy erupts over driveway variance and city codes

June 24, 2024 | Auburn, Cayuga County, New York


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Controversy erupts over driveway variance and city codes
In a recent government meeting, discussions centered around property variances and compliance with city codes, particularly regarding driveways. The meeting highlighted a case involving Michael Graney of 28 Walnut Street, who sought four area variances for a new concrete driveway and parking area. The variances included requests for front yard parking, a setback reduction, and an increase in impervious coverage. The board unanimously approved Graney's motion, contingent upon the payment of outstanding permit fees.

The conversation then shifted to a duplex property at 121 Osborne, managed by Brett Tracy of Advent Equities. Tracy detailed issues with the driveway, which had been damaged by previous tenants. He argued that the repairs made to the driveway did not require a permit, citing city code exemptions for maintenance work. However, board members pointed out that the existing gravel driveway did not comply with current city regulations, which mandate that off-street parking areas be surfaced with approved materials such as concrete or asphalt.

The board emphasized that while the property had a preexisting nonconforming driveway, any maintenance or alterations must adhere to current codes. The discussion revealed a tension between maintaining historical property conditions and enforcing modern regulations designed to prevent hazards, such as gravel spilling onto roadways.

Ultimately, the board clarified that a variance would be necessary to keep the gravel driveway, as it did not meet the city's standards. This case underscores the ongoing challenges property owners face in navigating compliance with evolving city codes while managing existing structures.

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