Zoning Resolutions

highgear

Does anybody know if a zoning resolution can be challenged after it has been memorialized. We received variances for lot size and front yard setback. In the conditions of the variance it says the exterior must be stone . The reason it says that is because the plans that were submited showed us using that type of siding. During construction the bids came in way too high 100k for stone. So I changed to board and batten. Now I am going for a CO and the engineer must check to see if we followed through on the conditions. Since we changed siding they are trying to make us remove the board and batten and replace with stone.
I just recieved transcripts from the court reporter and during the hearing the town lawyer made it clear anytime he asked the board if they wanted a certain condition to be a part of the variance. At no time did he ask the board if the siding should be a condition. He added that himself without asking the board.
I know I had 30 days to see if I was ok with the resolution before it was memorialized. I never caught that. Do you think I have a leg to stand on to have my resolution changed.

thom

Legally no, you must comply.

You could ask for a variance to the variance approved. If they approve the B&B siding you're in, if not, you're screwed.

You're the one who supplied the drawings and asked for a variance to build what you submitted. They approved what you submitted. If you want something different, start over.

highgear

I know I should have read it more clearly. I need precident were some else has had this problem. Changes are made very often during construction.

thom

Zoning decisions don't set precidents, at least not here. In my jurisdiction I would be required to try again. If they say no, then do it the way the approved plans call for or remove the construction and restore to the condition it was in previously.