Agenda - Planning Commission - 05/07/1996

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Z.B. April 15, 1996 -- Page 7 minimize the visual effect. He admitted he had not investigated how much a fence would cost, and said the amount probably would be small compared to the value of his house. The Albany Uniform Code Board of Review denied Malin's request. Malin appealed to court, claiming the board's decision was arbitrary. The court dis- missed the appeal. Malin appealed again. DECISION: Affirmed. Malin did not prove building a fence around his pool would be an exces- sive and unreasonable economic burden, so he was not entitled to a variance. Malin could not claim an excessive economic burden when be'did not know how much a fence would cost. Even if Malin had to pay more than the average person to make his fence aesthetically pleasing, this would not justify a variance from a requirement designed to promote public safe!y. Malin's pool cover did not adequately achieve the code's safety objectives. To be effective it required a "human factor", someone had to remember to lock it after each use. A fence, on the other hand, would be a permanent standing barrier. Considering the number of homes in close proximity to Malin's -- and therefore the higher safety risk -- a variance from the enclo- sure requirement would b~ unjustified. Matter of Tarquini v. Town of Aurora, 569 N.Y.S.2d 222. 117.- Limitations Period -- Residents' Association Sues to Eliminate Nearby Radiopharmacy _Palm Air Civic Association Inc. v. Syncor International Corp., 667 So.2d f185 (Louisiana) 71996 Syncor International Corp. wanted to operate a radiopharmacy in a gen- eral commercial district of the city of New Orleans. (Radiopharmacies pack- age and distribute radioactive drugs to hospitals, and clinics.) The zoning ordinance did not list pharmacies or radiopharmacies.as permitted uses in that district, nor did it list radiopharmac!es or nuclear pharmacies as permit- ted.uses in any. district. The ordinance prohibited uses not specifically listed as allowed, unless the context of the use lists or other regulations clearly indicated otherwise. Syncor applied for a permit to build the radiopharmacy. The propos.ed site was across the street from a row of residences in the Palm-Air Subdivision. On Sept. 28, 1993, the zoning administrator for the city's Department of Safety and Permits granted Syncor the permit. Palm Air Civic Association, a group of people who lived in the subdivi- sion, claimed it found out about Syncor's intended use of the property in March or April 1994. The association complained to the City Council, which on April 24 passed a resolution instructing the safety and permits department to issue Syncor a stop work order. The stop work order would make Syncor cease construction until the city attorney gave an opinion about the permit's legal status. The department never issued the stop work order.