ZONING BOARD OF APPEALS
MONDAY, JULY 30, 2007
Members Present: Ms. Marteney
Mr. Baroody
Mr. Darrow
Ms. Brower
Mr. Bartolotta
One Vacancy
Staff Present: Mr. Fusco
Mr. Hicks
APPLICATION
APPROVED: 40 Lake Avenue
6 – 8 Mary Street
10 Underwood Street
Mr. Westlake: Good evening, this is the Zoning Board of Appeals. Tonight we have three items:
40 Lake Avenue
6 – 8 Mary Street
10 Underwood Street
Last month’s minutes, any additions or deletions? If not stand as written.
ZONING BOARD OF APPEALS
MONDAY, JULY 30, 2007
40 Lake Avenue. R1 zoning district. Peter Hlywa, applicant. Area variance to install a 20’ above ground pool less than the required 10 feet to the south east property line.
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Mr. Westlake: 40 Lake Avenue, are you here please? Come forward; state your name for the record. Tell us what you would like to do.
Mr. Hlywa: Good evening, my name is Peter Hlywa, 40 Lake Avenue and I am here tonight to apply for a variance for a 10 feet adjoining to my neighbor’s to the south east side. We are on a corner lot, bought a 20 foot pool, don’t fit on the property. So I am asking just to move it 5 feet closer towards the fence there, 4 feet off the fence and still give me a little yard and my 2 kids can play there. Line it up with the garage, it is 4 feet off the property line.
Mr. Westlake: Thank you. Any questions from the board? It is our usual small lot in Auburn, we have been through it a lot of times.
Please sit down and we will discuss this. Is there any one wishing to speak for or against the application? Seeing none, any questions from the board?
Ms. Brower: Where is the bath house?
Mr. Hlywa: The pool will be behind the garage, which separates my property from the neighbors.
Mr. Fusco: I think the question is the application says you are looking for a swimming pool and bath house accessory. Now the map only shows the pool, not the bath house.
Mr. Hlywa: No, we are just looking to put in an above ground pool.
Mr. Hicks: If I may, the application is he needs a 6 foot side line variance to the southeast of the property, which requires a 10 foot. The part you are mentioning as far as the private swimming pool and bath house accessory is the way it is termed in the Zoning Code of the City of Auburn, Section 305, just happens to be part of that paragraph.
Ms. Brower: OK, I see.
Mr. Westlake: All he really wants is a variance for the pool.
Mr. Baroody: We don’t have to amend the application.
Mr. Hicks: Limit your remarks to the pool alone.
Mr. Westlake: Do I hear a motion?
Mr. Darrow: No, I am still reviewing it, first flaw with this application is a variance is not even needed, it is 50 foot of width, 24 foot wide pool, 10 foot on either side is only 40 feet. We are required to give the least amount of variance necessary. Simply by moving his pool over 6 feet, not infringing on a neighbor nor is a variance needed because he has ample width at 50 foot.
Mr. Baroody: Within 4 feet that is why he is asking
Mr. Darrow: I understand that but that is to maintain more backyard, not just to get the pool in the yard.
Mr. Westlake: Where is his driveway then, has to have a driveway to get to that garage.
Mr. Hlywa: I was told I have to be 22 feet off the sidewalk by Code Enforcement.
Mr. Darrow: 22 feet off what sidewalk?
Mr. Hlywa: I am on a corner lot.
Mr. Darrow: OK, Silver here alright you have got to be 22 feet from this side. OK. I got you now. I thought it was in between
Mr. Fusco: I think what Ed was asking was is why don’t you just move the swimming pool from this proposed location here 6 feet north?
Mr. Hlywa: I have to have it 22 feet from the sidewalk.
Mr. Darrow: The minimum variance concerning the sidewalk would be 2 feet to the south side to maintain the 22 feet from the side and minimum variance would be 2 foot to the south side where he is looking right now currently to have it 4 foot off if he had an 8 foot off
Mr. Fusco: How do you know that, I don’t see the sidewalk on the map.
Ms. Marteney: It is on Silver Avenue.
Mr. Fusco: I understand that but I don’t see the location of the sidewalk on the map.
Mr. Darrow: I am assuming the heavy black line on Silver Avenue side would be the property line, hence being the
sidewalk, the yard closest to the sidewalk.
Mr. Baroody: He is asking for a variance and still maintain some back yard.
Mr. Westlake: There is no one here to speak for or against it.
Have a motion?
Mr. Baroody: I would like to make a motion that we grant Peter Hlywa of 40 lake Avenue a 6 foot side yard variance for
the placement of 24 foot above ground pool.
Ms. Brower: I’ll second that.
VOTING IN FAVOR: Ms. Marteney
Mr. Baroody
Mr. Darrow
Ms. Brower
Mr. Bartolotta
Mr. Westlake
Mr. Westlake: Application approved, see Mr. Hicks in the morning.
Mr. Hlywa: Thank you.
ZONING BOARD OF APPEALS
MONDAY, JULY 30, 2007
6 – 8 Mary Street. R2 zoning district. Susan Wolf, applicant. Area variances to install a 12 foot above ground pool less than the required 10 feet from the rear property line and the primary structure.
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Mr. Westlake: 6 – 8 Mary Street, are you here? Please come forward, tell us your name and tell us what you would like to
do.
Ms. Wolf: My name is Susan Wolf, I live at 6 to 8 Mary Street, upstairs apartment and my daughter and two grandchild
rent the downstairs. I want to have a 12 foot above ground swimming pool, the type you take down and put
back up every year. The area of the yard is directly behind the house, the placement no matter how I put it in
that area behind the house there is not going to be 10 foot from the primary residence or the rear fence. I
tried to find a central area. I am asking for a variance for the 10 foot from the rear property line and primary
residence.
Mr. Westlake: Thank you very much. Is there any one here to speak for or against this application?
Ms. Wolf: I did ask my neighbors, I wasn’t able to get #10, just moved, but I did my neighbor on the rear property and
the other side property. No objections.
Mr. Westlake: Give it to Mr. Darrow first and he will pass it around.
Mr. Darrow: Is the pool 36 inches or 48 inches high?
Ms. Wolf: I think it is 40.
Mr. Darrow: Is your yard fenced?
Ms. Wolf: Yes.
Mr. Westlake: Any more questions from the board? Please sit down and we will discuss and make a decision. Tried the
best to fit the pool in the right spot, not a permanent pool.
Mr. Baroody: Do the variances have to be done separately?
Mr. Westlake: Do both under one.
Mr. Baroody: I would like to make a motion that we grant Susan Wolf of 6 – 8 Mary Street, two variances; the first being a
2 foot 8 inch variance of the 10 foot required from the primary structure and the second being a 2 foot area
variance of 10 foot from the rear property line for the purpose of installing a 12 foot above ground swimming
pool.
Ms. Brower: I’ll second that.
VOTING IN FAVOR: Ms. Marteney
Mr. Baroody
Mr. Darrow
Ms. Brower
Mr. Bartolotta
Mr. Westlake
Mr. Westlake: Application approved, see Mr. Hicks in the morning.
Ms. Wolf: Thank you very much.
ZONING BOARD OF APPEALS
MONDAY, JULY 30, 2007
10 Underwood Street. R2 zoning district. Candy Jones, applicant. Area variance to erect a shed less than the required 10 feet from the primary structure.
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Mr. Westlake: 10 Underwood Street, are you here please? Come forward, tell us your name and what you want to do there.
Ms. Jones: My name is Candy Jones, I live at 10 Underwood Street. I am a new homeowner as of January and I didn’t
realize that I needed to have a permit to put a shed up. So I put a shed up, got a letter from the City, my
apologies, I need a variance because I am too close to the back of my house. I am within the parameters of
my neighbor’s home as far as where the shed is sitting but I am a little too close to the house about 3 feet too
close to the house, but if I move the shed it will be in the off street parking.
Mr. Westlake: Is there any one here to speak for or against this application? Seeing none, any questions from the board?
Mr. Darrow: Did you do all the remodeling?
Ms. Jones: I am doing some, Bill Spahn gutted it.
Mr. Westlake: One of those yards again, doesn’t have much place to put it. Any questions from the board?
Mr. Darrow: I would like to make a motion that we grant Candy Jones of 10 Underwood Street a 2 foot 2 inch area
variance for the purpose of placing a 8 x 10 foot shed on this property.
Mr. Baroody: I’ll second that.
VOTING IN FAVOR: Ms. Marteney
Mr. Baroody
Mr. Darrow
Ms. Brower
Mr. Bartolotta
Mr. Westlake
Mr. Westlake: Application approved.
Ms. Jones: Thank you.
Meeting adjourned at 7:30 p.m.
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