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Town Zoning Appeal
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Last Updated: Jul 31st, 2007 - 12:38:12 |
TOWN OF LOCKPORT
ZONING BOARD of APPEALS
June 26,2007
PRESENT:
Charles Dahlquist
Larry Haseley
Frank Loiars
Paul Siejak Chairman
ALSO PRESENT: Mike Brown,Deputy Building Inspector
Dan Seaman, Attorney
Jane Trombley, Secretary
ABSENT: Mike Bartus, Alternate
Tim Lederhaus
The June 26,2007 Zoning Board ofAppeals Meeting was called to order at 7:30 pm by Chairman Siejak who then led the Pledge of Allegiance. When attendance was taken,Chairman
Siejak stated we have a quorum.
MOTION made by Member Loiars, seconded by Member Dahlquist to accept the May 22,2007 Zoning Board ofAppeals minutes.
4 Ayes, 0 Nays, Carried.
CASE#1 5377 Old Saunders Settlement Road SBL#122.00-1-7 - Brett & Antoinette Benteen - Applicant seeking area variance to construct a 15'x 36' garage on the east side of their property. Brett & Antoinette Benteen presenting.
Chairman Siejak opened the Public Hearing. Mr Benteen stated the garage is needed for an additional car to accommodate his mother who is in her 70's and moving in with them, as she doesn't want to be alone. Mr Benteen stated to build on the other side of the property would be much more costly as he would have to tear down a very good garage because of the footers, and it would end up costing about three times as much. Mr Benteen stated it would be a l 1/2 car garage located 10' from the property line where 25' is required. Mr Benteen stated he owns the adjacent lot which is not subdivided and is separate on the tax rolls.
Member Loiars asked who the neighbors are and Ms Benteen stated Francis & Gail Bums and Amanda & Michael Treharne, and they were notified. Member Loiars asked if there would be gutters on the garage. Mr Benteen stated yes, and
down spouted to run to the ditch and the garage will be built by a builder.
Member Haseley stated the garage on the west appears to be on the lot line. It was noted when the zoning was changed from residential to industrial the lot line was left off the map. Member Haseley asked if they built their home or purchased it, and Mrs Benteen stated purchased.
Member Haseley asked if the roofline would be matched to the house. Mr Benteen stated no.
Chairman Siejak asked for Public Comment.
Zoning Board of Appeals
June 26,2007
Page 2
Aanda Treharne of 5383 Old Saunders Settlement Road stated she is on the east side of the property and feels the garage is coming too close to her property line
and she is not comfortable with it. Mrs Treharne stated she would like a stockade fence put up to shield it.
Ms Benteen stated they do plan on putting up a fence.
MOTION made by Member Haseley, seconded by Member Loiars under Town Law 267b to grant Brett & Antoinette Benteen an area variance to construct a 15'x 36' garage on the east side of their property at 5377 Old Saunders Settlement
Road, no closer than 10' from the property line as was allowed when they purchased their home under the previous zoning laws based upon the following findings:
1. the variance will not produce an undesirable change in the character of the neighborhood;
2. the benefit sought by the applicant cannot be achieved by any other feasible method;
3. the requested area variance is not substantial;
4. the proposed variance will not have an adverse effect on the environmental conditions in the neighborhood; and
5. the difficulty was not self created.
3 Ayes, 1 Nay (Member Dahlquist) Carried.
CASE #2 1000 Dysinger Road SBL#139.00 SBL# 139.00-1-35.2
Michael Duerr & Don Kleinschmidt - Applicant seeking use variance to operate a plumbing business and an area variance for a 3' x 6' sign and set back of pole barn.
Michael Duerr and Don Kleinschmidt presenting with Timothy Collins, attorney.
Chairman Siejak opened the Public Hearing. Mr Duerr stated he has a small plumbing business and he stores things everywhere for it. He would like to have everything under one roof and this lot would give him that along with easy ingress and egress. Mr Duerr stated no work will be done on the property, it would just be storage and the sign is to show he is there advertising. Mr Kleinschmidt stated he purchased the property in 1994 and it has been for sale ever since and the piece of property that surrounds his has recently sold. Mr Kleinschmidt stated he picked up an application years ago to build a duplex on the property
because it wasn't selling but he never followed through on it. Attorney Seaman asked if the property is currently listed with an ML Realtor and Mr Kleinschmidt stated no, they have approached him but he has never listed as he prefers to sell it through his own lists. Mr Kleinschmidt stated an auto body repair shop adjoins his property.
Member Loiars asked if there is anything growing on the lot and Mr Kleinschmidt stated just brush and the Town has cleared the corner as it is a dangerous corner.
Member Loiars asked where the egress would be and Mr Duerr stated on both Bowmiller and Dysinger Roads.
Zoning Board of Appeals
June 26, 2007
Page 3
Mr Duerr stated the property is zoned Agricultural Residential he currently lives on Beach Ridge Road in Pendleton and the 40' x 60' building will be able to hold
all his supplies as well as his rig.
Member Dahlquist asked which would be built first the home or the pole barn and Mr Duerr stated both at the same time.
Member Loiars asked if the neighbors had been contacted and Mr Duerr stated not the owner of the vacant land but the people in the homes were contacted.
Mr Kleinschmidt stated he has been trying to sell this property since 1994 and he is not trying to make a profit but the parcel is very limited for use as it is L-shaped with limited setbacks.
Chairman Siejak asked for Public Comment.
Robert St Onge of 6987 Dysinger Road stated he has concerns as about 10 years ago someone bought the property at 7011 Dysinger and put up a garage but never built the house and now it is just junk, so he feels the home should be built first. Mr St Onge also stated with the Bowmiller traffic it will make it tough to turn left with equipment but he just doesn't want it to look like a junk yard.
Jeremy Everett stated he owns the lot next door and with the collision shop on the south side of him he doesn't want another business next to him. Mr Everett stated he is building a house on the Bowmiller side.
Timothy Boyd of 5972 Bowmiller Road stated he has the red brick house on the corner of Bowmiller Road and he has a few concerns:
1. The public moved here in 1999 before that there wasn't any traffic, now Dysinger is very busy with 15 cars or more lined up to make turns and a tractor trailer causes more traffic confusion and danger.
2. A business with a sign and a warehouse will ruin his property values.
3. Morally this is changing the rules and the character of the neighborhood. Larry's collision shop is a garage behind his house. Mr Boyd stated he enjoys the birds and the nice trees and feels the business will be unsightly.
Mr Boyd stated basically he objects to business there and it is a dangerous corner.
Attorney Collins stated this property meets the criteria for a use variance as Mr Duerr is not asking to construct a warehouse, just a pole barn and no business will be conducted on the property, that would be done on residences. Attorney Collins stated the sign is strictly for advertising. Attorney Collins agreed, however, that
the plumbing business would be conducted from the property and that the property would be the headquarters for the business. Attorney Collins asked if Mr Kleinschmidt will be allowed to bring his paperwork to show he has been
trying to sell the property for the past 13 years and was told yes, he would be.
Zoning Board of Appeals
June 26, 2007
Page 4
Member Haseley stated he has concerns of what will fit on the odd shaped lot.
There was a discussion about the size and dimensions of the property. It was pointed out that there was sufficient frontage, depth and area for a residence.
Member Loiars asked if the pole barn would be located toward Bowmiller and was told yes.
Member Dahlquist asked if it will be a steel structure, yes.
Mr Kleinschmidt asked other than a business, if a building is allowed on the site. Attorney Seaman stated probably not as an accessory building can't be more than 1/3 the size of the main building and would need an area variance.
Mr Kleinschmidt stated he had bought this property just for resale.
Attorney Collins stated he doesn't feel the character of the neighborhood will be changed.
Member Dahlquist stated he has traffic and setback concerns.
Member Haseley stated he feels it would improve the character of the neighborhood.
MOTION made by Member Loiars, seconded by Member Haseley to table this project until the July 24, 2007 Zoning Board of Appeals meeting and keep the Public Hearing open.
4 Ayes, 0 Nays, Carried.
CASE#3 7443 Lincoln Avenue Ext. SBL#124.02-1-32 - Aaron & Kimberly Salter - Applicant seeking variance to construct a 2016 square foot accessory building, which is more than 1/3 the square footage of the principal building. Kimberly
Salter presenting. Ms Salter stated they would like to build a 56' x 36' x 14' barn to keep their motor home and vehicles in.
Member Loiars asked if there will be a separate driveway and Ms Salter stated yes, going to Lincoln Avenue.
Ms Salter stated the motor home is 40' long x 8 ' wide and 12' high. Ms Salter stated they also have a truck and 2 other cars that they would like to store in the barn.
Member Loiars asked what they will use the empty garage for and Ms Salter stated storage for children's bikes, toys, etc. not for a business.
Member Loiars asked if there will be plumbing in the building and Ms Salter stated just water to wash the vehicles, no other plumbing.
Ms Salter stated her home is about 2000 square feet. Member Haseley asked if the driveway will be stone or blacktop and Ms Salter wasn't sure. Member
Zoning Board ofAppeals
June 26, 2007
Page 5
Haseley asked if the other vehicles were also going to be stored and Ms Salter stated no, just parked as they are used daily.
Member Loiars asked if there are 2 lots and Ms Salter stated yes, the driveway is on the side with the 2 car garage and the other lot just has trees. The proposed
building would be a painted steel-sided and roofed building.
Member Haseley stated many motor homes are parked outside but he is in favor of keeping them covered.
Member Loiars asked if the neighbors had been contacted and Ms Salter stated yes and next to the lot where this will be built that neighbor built one himself about 3 years ago.
Chairman Siejak asked for Public Comment.
Wilbur Rhinehart of5445 Keck Road stated he does not feel the building is appropriate for the neighborhood. Mr Rhinehart stated Mr Sparks made a nice neighborhood out there and the neighbors have spent a lot on their homes and this is a developing area. Mr Rhinehart stated he owns 12 acres behind her and would have owned more but when he bought it 52 years ago, the owner kept 4 lots. Mr Rhinehart feels the big barns will run the neighborhood down, as it will change the character of the neighborhood since it is 200' from $300,000 homes.
Chairman Siejak asked if the barn could be made smaller.
Ms Salter stated she doesn't plan on cutting down any trees, just some branches and would use the present garage for storing outside toys, bikes her son's drums and for the dog. Ms Salter stated she lives next to one similar to the one she would like to build and doesn't see it as an eyesore.
David Sparks, Pinecrest developer, asked to see how close the proposed barn will be in relation to the Pinecrest development. Mr Sparks asked if there wasn't a fire involving Ms Salter motor home a couple of years ago that damaged her garage that hasn't been repaired yet. Ms Salter stated some ofthe siding on the garage melted and it hasn't been repaired yet as her husband has been very busy. Mr Sparks stated Ms Salter keeps a clean yard but he would like the current garage repaired.
Member Haseley suggested making the proposed building smaller such as 28'x 50', and using the current garage for the vehicles. The applicant agreed to review their plans to determine if the requested variance could be modified.
MOTION made by Member Loiars, seconded by Member Haseley to table the variance request for Aaron Kimberly Salter at 7443 Lincoln Avenue Extension until the July 24, 2007 Zoning Board of Appeals Meeting and keep the Public
Zoning Board ofAppeals
June 26, 2007
Page 6
Hearing open to allow the applicant time to review their plans.
4 Ayes, 0 Nays, Carried.
CASE#4 6811 Minnick Road SBL#152.00-1-12.2 Bart DiPaolo Applicant seeking area variance in order to construct a single family residence on an 80' x 150' lot where 125' x 150 'is required. Bart DiPaolo presenting with David Sparks developer. Mr Sparks stated he would like to put a house on the lot and then sell the lot for his brother in law, Mr DiPaolo.
Attorney Seaman asked how long Mr DiPaolo has owned the lot and he stated about 2 years and it is a pre-existing lot that he purchased from Pete Godfrey. Mr DiPaolo stated his father-in-law owns the adjoining 15 acres.
Member Haseley stated he is having trouble locating the lot and Mr DiPaolo stated it is to the right of the barn.
Mr Sparks stated the zoning has changed and some of the existing homes are on 80' lots and the area is zoned Agricultural Residential. Mr Sparks stated there are side setback and back setback issues as well as front setback due to the lot size. Mr Sparks stated the proposed home would be a ranch house identical to the homes on Hidden Lake Drive with 3 bedrooms and a 2 car attached garage.
Chairman Siejak asked for Public Comment. Hearing none, he closed the Public Hearing.
MOTION made by Member Loiars, seconded by Member Haseley to grant an area variance under Town Law 267b for Bart DiPaolo at 6811 Minnick Road to construct a single family ranch house with 25' & 15' side setbacks, a front
setback of 42' from the center line and 50' rear setback consistent with neighboring homes based upon the following findings:
1. the requested variance 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 proposed variance will not have an adverse effect on the physical or environmental conditions in the neighborhood; and
5. the difficulty was not self created.
4 Ayes, 0 Nays, Carried.
CASE#5 5441 Murphy Road SBL# 122.03-1-51 Wallace Andrews -Applicant seeking area variance in order to split property in an Agricultural Residential district. Mr Andrews presenting. Chairman Siejak opened the Public Hearing.
Mr Wallace stated his property is 246' wide with a house on the west side which he would like to sell as a 121' lot with the home and then sell the other 125' lot and the home would also need a setback as it doesn't meet the 75' required setback. Mr Andrews stated the property is zoned Agricultural Residential. Mr Andrews was told the new home would have to meet the 75' setback requirement.
Zoning Board ofAppeals
June 26 2007
Page 7
Chairman Siejak asked for Public Comment. Hearing none, he closed the Public Hearing.
MOTION made by Member Dahlquist, seconded by Member Loiars under Town Law 267b to approve the area variance for Wallace Andrews at 5441 Murphy Road to split his property into an existing 121' lot with an existing home having a
setback of less than 75' based upon the following findings:
1. the variance will not create an undesirable change in the character of the neighborhood;
2. the requested benefit cannot be achieved by any other feasible method;
3. the requested area variance is not substantial;
4. the variance will not have an adverse effect on the environmental conditions in the neighborhood;
5. the difficulty was not self created.
4 Ayes, 0 Nays, Carried.
CASE#6 5780 Ridge Road SBL#80.00-3-13.21 Vincent J Muffoletto II
MOTION made by Member Haseley, seconded by Member Dahlquist.
WHEREAS Vincent J Muffoletto II was granted a use variance on March 27,2007 and
WHEREAS the minutes of the meeting in which the variance was granted are inaccurate in that they had a typographical error incorrectly identifying the size
of the lot as 190' x 135' as opposed to the correct dimensions of 190' x 335',and
WHEREAS the minutes establish some confusion as to the exact nature of the variance granted,
NOW THEREFORE BE IT
RESOLVED, that the variance granted be clarified as follows:
The variance authorizes the splitting off from Mr Muffoletto's parcel, the existing residence situated on a parcel having dimensions of 190' frontage x 335'
depth, with the existing residence being allowed to continue to be used for residential purposes by the new purchaser of the residence and lot.
3 Ayes, 0 Nays, 1 Abstention (Member Loiars) Carried.
MOTION made by Member Loiars, seconded by Member Dahlquist to approve tonight's decisions. 4 Ayes, 0 Nays, Carried.
Zoning Board ofAppeals
June 26,2007
Page 8
MOTION made by Member Dahlquist, seconded by Member Loiars to adjourn the Zoning Board of Appeals meeting at 9:10 pm. 4 Ayes, 0 Nays, Carried.
BY ORDER OF THE TOWN OF LOCKPORT
ZONING BOARD OF APPEALS
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| 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 |
| Zoning Board Minutes - September 26, 2006 |
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