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ZBA denies front-yard variance for carport and shed at Sunset Drive; advises relocation behind garage face
Summary
The ZBA denied Jessica Spanakos’s request to keep a 12x24 accessory structure and a front-yard carport at 115 Sunset Drive, citing precedent and potential future enclosure or safety concerns; board suggested moving the shed to align with the garage face to avoid the need for a variance.
The Town of Newburgh ZBA on March 26 voted to deny front-yard area variances requested by Jessica Spanakos for a 12-by-24 accessory structure and a 9-by-6.5 carport at 115 Sunset Drive.
Spanakos testified she misunderstood permitting requirements: the shed was delivered pre-built and the carport kit was installed before she realized permits and clearances were required. Neighbors spoke in support, with one (Barry Lapierre) praising the owners’ maintenance of the property but warning the board about setting a precedent and the risk that future owners might enclose the structure with low-grade materials.
Board members discussed neighborhood character and safety — including wind and anchoring concerns for kit-built structures — and concluded the request was self-created and could set an undesirable precedent. The motion to deny carried unanimously. Board members told the homeowner that relocating the shed so its front face aligns with the garage face (i.e., out of the defined front yard) would eliminate the need for the variance and advised consulting Code Compliance about moving or anchoring the structure per manufacturer instructions.
