Town Zoning Appeal
Zoning Board Minutes - August 28, 2007
By Jane Trombley
Nov 21, 2007, 11:11
TOWN OF LOCKPORT
ZONING BOARD of APPEALS
August 28, 2007
PRESENT: Charles Dahlquist
Larry Haseley
Frank Loiars
Tim Lederhaus
Paul Siejak, Chairman
ALSO PRESENT: Mike Brown, Deputy Building Inspector
Dan Seaman, Attorney
Jane Trombley, Secretary
ABSENT: Mike Bartus, Alternate
The Town of Lockport Zoning Board of Appeals meeting was called to order at 7:30 pm on August 28, 2007 by Chairman Siejak. Chairman Siejak then led the Pledge of Allegiance followed by a moment of silence for long time Chairman of the Planning Board, L. Joe Robinson, who passed away Sunday after having served on the Planning Board for 30 years.
MOTION made by Member Loiars, seconded by Member Lederhaus to approve the July 24, 2007 minutes as presented. 5 Ayes, 0 Nays, Carried.
CASE #1 1000 Dysinger Road – SBL #139.00-1-35.2 – Michael Duerr & Don Kleinschmidt – Applicant returning to seek use variance to operate a small plumbing business, and an area variance for a 3’ x 6’ sign and a set back of pole barn. Michael Duerr presenting and speaking also on behalf of Mr. Kleinschmidt. Mr. Duerr stated he would like to withdraw his application for 1000 Dysinger Road as he has cancelled his contract with Mr. Kleinschmidt who has now decided to strip and grade the property for a different use.
Chairman Siejak stated the Public Hearing is now closed.
MOTION made by Member Haseley, seconded by Member Dahlquist to allow withdrawal of the application for 1000 Dysinger Road at the applicant’s request. 5 Ayes, 0 Nays, Carried.
CASE #2 6404 Robinson Road – SBL #138.00-1-8- Robert Miller Construction, Inc. – Applicant seeking area variance to expand the number of storage buildings in a Commercial Corridor Overlay District. Glenn Miller presenting. Chairman Siejak stated the Public Hearing is open. Attorney Seaman stated that Mr. Miller has an application for site plan and special use permit before the Planning Board but has been advised by the building inspector that he can’t get a building permit, as the site doesn’t conform to zoning regulations. Mr. Miller stated he has submitted his site plan proposing two buildings to the west of his existing buildings with 12 parking stalls. Mr. Miller further stated he could do without the parking spaces to allow for more green space. Mr. Miller stated he would build to line up with the current buildings and leave the existing parking where it currently is and put up fencing where it is angled. Mr. Miller stated he has spoken to the
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August 28, 2007
Page 2
Town Engineer regarding drainage. Mr. Miller also stated he is withdrawing his application for a use variance for the outside storage and will modify the site plan to eliminate outside storage.
Member Loiars asked how high the fence is and Mr. Miller stated 6’ and it will be the same height as the current fence.
Chairman Siejak asked where people who are coming in park, and Mr. Miller stated by the office.
Mr. Miller stated the building setback will be the same but he will have more square footage in each building.
Member Loiars asked if there would be additional signage and Mr. Miller stated possibly depending on the landscaping, but otherwise no and that any signage would conform to zoning requirements.
Member Loiars asked Mr. Miller if he owns the adjacent land and Mr. Miller stated yes.
Member Haseley asked if there are arborvitaes in the front and Mr. Miller stated yes.
Member Loiars asked how many units in each building and Mr. Miller stated it is hard to say as the size of the unit varies, they can be divided up different ways according to what is needed, but at least 40 each.
Member Lederhaus asked if there would be fence in the back and Mr. Miller stated yes, all the way around.
Attorney Seaman stated the main variance is the setback because of the B2 requirement of 300’ set back for storage buildings. Attorney Seaman also stated the 25% windows that are required in a CCOD could be addressed by the Planning Board, but that the Board also can address that variance request.
Member Loiars stated there is a 2’ drop from the existing site to the new site and asked if it will be built up. Mr. Miller stated yes, and there may be a swale. Mr. Miller is currently doing a drainage plan for the Planning Board. Member Loiars asked if some fill would be brought in and Mr. Miller stated yes.
Member Loiars asked who the neighbor to the west is, and Mr. Miller stated Hillman’s.
Attorney Seaman stated that the reason for this set back requirement is that passive use doesn’t draw traffic to commercial areas. However, this is a shallow depth area and is already developed for this use. Attorney Seaman referenced the Zoning summary done by Wendel Duchscherer dated July 16, 2007.
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August 28, 2007
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Member Lederhaus asked if they would be planting trees and Mr. Miller stated yes.
Member Loiars asked if there will be outside pole lighting and Mr. Miller stated no.
Member Haseley noted the window requirement don’t really apply for this use as they would be a detriment.
Member Loiars asked if the neighbor to the back had been notified and Deputy Building Inspector Brown stated that is the trailer park and the park owners were notified.
Chairman Siejak asked for Public Comment. Hearing none, he closed the Public Hearing.
MOTION made by Member Loiars, seconded by Member Lederhaus, to grant the area variance for the variances identified on the Wendel-Duchscherer memorandum dated 7-16-07 which relate to area variances conditional on Planning Board approval based on the following findings:
1. This is a unique situation as it ties into an adjoining
site with the same use
2. The variance will not create an undesirable change in
the character of the neighborhood;
3. The benefit sought by the applicant cannot be achieved
by any other feasible method, because of the shallow
lots in the area,
4. The requested area variance is not substantial when the
overall character of the neighborhood and existing use
are considered;
5. The proposed variance will not have an adverse effect
or impact on the neighborhood; and
6. The difficulty was not self-created.
5 Ayes, 0 Nays, Carried.
MOTION made by Member Dahlquist, seconded by Member Haseley to accept tonight’s decisions. 5 Ayes, 0 Nays, Carried.
Chairman Siejak stated the October meeting is scheduled for the 23rd and he would like to change it to the 30th.
MOTION made by Member Haseley, seconded by Member Dahlquist to change the October 23, 2007 meeting to October 30, 2007. 5 Ayes, 0 Nays, Carried.
MOTION made by Member Loiars, seconded by Member Dahlquist to adjourn at 8:10 pm. 5 Ayes, 0 Nays, Carried.
BY ORDER OF THE TOWN OF LOCKPORT
ZONING BOARD OF APPEALS
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