The Riverside Village Board voted unanimously not to approve a variance to a family for their partially constructed garage at 346 Downing Road that exceeds the permitted square footage allowed by the village.

Trustee Kevin Smith said when the Udelsons’ construction permit application was submitted and signed by the agents, the builder and architect, it stated they would comply to the village ordinances.

“Do those words have any kind of meaning?” Smith asked to the Udelsons.

Dr. Jerry Udelson said they do have meaning and he relied on the expertise of his builder and architect and the village building inspector, Bob Caraher, to uphold these rules and meet the village code.

Smith said his problem with granting the variance is he did not understand why the hired experts working on the project did not properly communicate the problem to the family.

Michelle Udelson said after the meeting, she was prepared for the no vote.

“We don’t know exactly what we are going to do,” Michelle said. “We are not to blame at all; we will probably go forward with the lawsuit that was suggested.”

The Udelsons moved to Riverside about two years ago because they thought it was a great community to raise their three children. They began construction on their dream home and waited a year for approval on their garage.

“The rectangular garage was approved verbally and approved (with) a stamp,” Jerry Udelson said. “(The village had plans) in their possession for about a year.”

The Udelsons said Caraher realized in October the garage was too large and should not have been approved. A stop work order was not received by the Udelsons until April 15. However, Michelle Udelson said the foundation, sewer work, walls and more were already done.

Had construction stopped back in October, it would have been a $20,000 fix as opposed to the $100,000 the couple may now face because the variance was not granted by the village.

The criteria needed to be granted a variance is whether there is undue hardship, the addition alters the neighborhood character and if the situation is unique. The Udelsons believe they met all three.

Michelle Udelson said if they had known the garage was too large, they would have never requested approval to build it.

“It is the inspector’s job to review plans,” she said. “What is the point having an inspector and an inspection process?”

The Udelsons said they do not want any hard feelings with the village, but they do not see the punishment as being fair.

“We truly are the victims here,” Michelle Udelson said. “It is just wrong.”

Riverside Village Manager Kathleen Rush said the Udelsons could take their case to court but she said she would encourage some time to reflect on the decision and consider a smaller garage.