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Town Zoning Appeal
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Last Updated: Jul 31st, 2007 - 11:26:20 |
TOWN OF LOCKPORT
ZONING BOARD OF APPEALS
SPECIAL MEETING
6/14/07
Present:
Paul Siejak,Chr.
Laurence Haseley
Michael Bartus, Alt.
Charles Dahlquist
Frank Loiars
Also Present:
Daniel Seaman,Atty
Michael Brown, Bldg Inspector
Absent: Timothy Lederhaus
Chairman Siejak welcomed everyone to the special McDonald's USA Zoning Board of Appeals Meeting at 5:00 pm on June 14, 2007 and then led the pledge of allegiance.
Chairman Siejak appointed Alternate Bartus a full voting member due to the absence of Member Lederhaus.
Attorney Seaman stated the Planning Board acted on the SEQRA Special Use Permit and the Site Plan Review at the work session on June 12,2007. Atty Seaman advised the board a negative declaration for SEQRA, the Special Use Permit and the Site Plan were approved.
Attorney Seaman reported that the Planning Board acting pursuant to authorization contained in the CCOD regulations acted on and varied the requirements which were the subject of several of the requested variances,
leaving only two variances for action by this Board.
The Planning Board varied five site developments standards
eliminating Area Variances:# 1,3,4,5,7;
#1 - The minimum lot width for a comer lot is less than
required by Sect. 200-94 (D) of the Town of Lockport
Zoning Ordinance [250 ft. required vs 174.75
ft.proposed].
#3 - The required internal greenspace is less than
required [10% required vs 5.6% proposed].
#4 - The required side parking setback is less than
required [25 ft. required vs 4.5 ft. proposed].
TOWN OF LOCKPORT
ZBA
SPECIAL MEETING
611 4 07 PG 2
#5 - The required drive aisle width (60 degrees parking)
is less than required [23 ft. required vs 18 ft.
proposed].
#7 - The distance of the proposed full access driveway
onto Transit Road is less than two hundred feet
(200') as required by Sect. 200-94 (0) (11) of the
Zoning Code [140 feet proposed setback between
northern edge of pavement of proposed driveway onto
Transit Road and the edge of the Hamm Road Right of
Way].
Attorney Seaman read to the Board proposed Area Variance #2&6;
#2 - The required open space coverage (in areas fronting
adjacent streets or adjacent areas zoned for
residential use) is less than required by Sect.
200-94 (C) of the Town of Lockport Zoning Ordinance
[75% required vs 62.1% proposed].
#6 - The proposed pole sign Road Sign area exceeds the area
allowed pursuant to Sect. 200-172(B)(3)(b) of the
Zoning Code [96 sq ft. allowed based on street
frontage of less than 500 ft. vs 113.48 sq ft
proposed]. The Applicant was previously seeking an
area variance to allow a pole sign with an overall
area of 139.02 sq ft.
Attorney Sean Hopkins legal council for McDonald's USA stated the Planning Board approved the Site Plan with minor changes. Randy Bebout, FRA Engineering and Scott Francis of McDonald's USA were present to answer any questions.
Member Loiars questioned site drainage, Mr Bebout explained the primary drainage will be under the parking lot as per Planning Board approval. Mr Bebout stated the water will be treated before leaving the site and stated the DEC has received and approved the drainage plan.
Member Haseley asked how much larger is the proposed site than the existing. Scott Francis stated it will be 4 lots combined, and three times the size. Attorney Sean Hopkins stated McDonald's has made modifications to the Site Plan for the purpose of eliminating three additional Area Variances. The applicant has explored the possibility of acquiring additional property to the south, but has been advised by the owner they are not interested in selling.
Member Dahlquist questioned the overall signage plan. Scott Francis stated the building signage will comply with the Sign Ordinance but the pole sign will need consideration. The proposed freestanding sign is 113.48 sq
ft. the allowed sign based on the street frontage is 96 sq ft.
TOWN OF LOCKPORT
ZBA SPECIAL MEETING
6/14/07
PG 3
Chairman Siejak made it clear to the Board that there are two Area Variances to consider and if there is no further questions he would entertain a motion.
MOTION made by Member Loiars, seconded by Member Bartus, to
grant the Area Variance for 62.1% of the required open space coverage where as the Town of Lockport Zoning Ordinance is 75% as shown on the Site Plan based on the following findings:
1. the variances will not produce an undesirable change in the character ofthe neighborhood
2. the benefit cannot be achieved by another feasible method
3. the requested variance is not substantial
4. the variance will not have an adverse effect on the environmental conditions in the neighborhood and
5. the difficulty was not self created
VOTE: 3 Ayes, 2 Nays(Members Haseley & Dahlquist) Carried.
MOTION made by Member Loiars, Seconded by Member Bartus, to
grant an Area Variance to construct a pole sign 113.48 sq ft. where as the required square footage is 96' based on the following findings:
1. the variances will not produce an undesirable change in the character of the neighborhood;
2. the benefit cannot be achieved by another feasible method;
3. the requested variance is not substantial;
4. the variance will not have an adverse effect on the environmental conditions in the neighborhood; and
5. the difficulty was not self created.
Vote: 3 Ayes, 2 Nays (Members Haseley & Dahlquist) Carried.
MOTION made by Member Loiars, seconded by Member Bartus, to
approve tonight's decisions. 5 Ayes, 0 Nays, Carried.
MOTION made to adjourn by Member Dahlquist, seconded by
Member Loiars, 5 Ayes, 0 Nays, Carried.
The next Zoning Board of Appeals meeting will be June 26, 2007 at 7:30 pm.
BY ORDER OF THE TOWN OF LOCKPORT
ZONING BOARD OF APPEALS
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| AGENDA - July, 22, 2008 |
| Zoning Boared Minutes - September 25, 2007 |
| Zoning Board Minutes - August 28, 2007 |
| Zoning Board Minutes - June 26, 2007 |
| Zoning Board Minutes - June 14, 2007 |
| Zoning Board Minutes - May 22, 2007 |
| Zoning Board Minutes - April 24, 2007 |
| Zoning Board Minutes - February 27, 2007 |
| Zoning Board Minutes - Jan. 11, 2007 |
| Zoning Board Minutes - Jan. 23, 2007 |
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