"Do as I say... Not as I do..."

Oh Man, I think this should be tagged "the World of Oh MY Gawd"  - Seriously.   Rules are made but  the makers are abolished from their own rules. 

In Queens NY, there is a rule that clearly states:  an above ground pool in a residential backyard needs to sit at least 5 feet from the lot line of either side. But, if you were Councilman Tony Avella - you can have the pool 2 feet away from the lot line.  No really, you can - he does. 

Today, the New York Times had an article entitled "Poolside, Ripples of Discontent" about Queens, City Councilman Tony Avella's pool and how "...the placement of the pool violates the city’s zoning rules, specifically a “quality of life” requirement ..." 

Mr. Avella states that the pool has sat there for over fifteen years and he really does not even know why that rule (must be at least five feet from the lot line) is in existence.  But the funny this is - Mr. Avella is the chairman of the Council’s zoning committee and he is most certainly one of the loudest foes of the Department of Buildings. 

Anyhow, the rule was made in the 1960's and has been followed ever since (unless you are Avella, then you don't have to follow).  The rule was made so other neighbors can enjoy their own yards without all the splashing from either neighbors yards.  Kinda makes sense.. no? 

This anonymous complaint was said to be issued sometime in November 2005 and the hearing kept getting pushed back (notice, I never said he removed the pool) until April  2007.  I would have to think that Mr. Avella was trying to speak to people to try to resolve the issue - his way.

After the hearing, Mr Avella held a press conference in his backyard and stated that he suspects that he will lose the hearing but if that happens "he will most likely sue the city to draw more attention to the rule and get it changed or abolished, an action that would require approval from the City Planning Commission."

He also said that for  now the pool will remain right where it is and its about the issue - Mr. Avella said, “and not just going along.” 

- There you have it folks, this will be our man who will be running for Mayor in 2009! 

also read Times Ledger - City issues Avella ticket on pool