ZONING BOARD OF APPEALS
MONDAY, AUGUST 30, 2004
Members Present: Ms. Marteney
Mr. Darrow
Mr. Westlake
Ms. Aubin
Mr. Rejman
Member Absent: Ms. Brower (called)
One Vacancy
Staff Present: Mrs. Hoffmann
Mr. LaDouce
APPLICATION
APPROVED: 161 Ross Street Ext.
82 Perrine Street
192 Genesee Street
Mr. Rejman: Good evening, this is the Zoning Board of Appeals. Tonight we have:
161Ross Street Ext.
82 Perrine Street
192 Genesee Street
Please use the mike and please speak up as this is all recorded.
I am missing my counsel but these are area variances and I think we should go ahead.
ZONING BOARD OF APPEALS
MONDAY, AUGUST 30, 2004
161 Ross Street Ext., R-1. In order to construct an addition to an existing garage, applicant request an area variance of 102 square feet over the allowed 750 square feet for combined area of accessory structures on premises. Joseph and Linda Swizdor.
Mr. Rejman: 161 Ross Street Ext., are you here? Yes, step forward, state your name for the record.
Mr. Swizdor: Joseph Swizdor
Mrs. Swizdor: Linda Swizdor.
Mr. Rejman: Tell us what you would like to do there.
Mr. Swizdor: We would like to add a 20 x 20 addition to our existing garage. We have a pool house so we are looking for a 102 square foot area variance.
Mr. Rejman: You have given us a nice package with photos and good documentation.
Ms. Marteney: Impressive aerial photo.
Mr. Rejman: I like that. This is the first aerial photo we have seen. You happen to have that laying around so you threw it in. Good. Any questions from the board, seems kind of straightforward.
Anyone wishing to speak for or against the application? None. Very good we are going to close the public portion and discuss this amongst ourselves. Go ahead and have a seat.
Mr. Swizdor: Thank you.
Mr. Rejman: Pretty straightforward.
Ms. Marteney: Logical place to put it.
Mr. Rejman: Nice sized lot, no neighborhood effect on this.
Ms. Marteney: The row of trees certainly shelters it.
Mr. Rejman: It would seem that the neighbors feel it is alright because they are not here to complain.
Mr. Westlake: I would like to make a motion that we grant Joseph and Linda Swizdor of 161 Ross Street Ext., a 102 square foot area variance to allow them to put a structure 20 foot x 20 foot addition to their garage.
Mr. Darrow: I’ll will second the motion.
VOTING IN FAVOR: Ms. Marteney
Mr. Darrow
Mr. Westlake
Ms. Aubin
Mr. Rejman
Mr. Rejman: Application has been approved. Good luck.
Mr. Swizdor: Thank you.
ZONING BOARD OF APPEALS
MONDAY, AUGUST 30, 2004
82 Perrine Street, R-1. Applicant wishes to construct an 20’ x 24’ addition to home following the lines of the existing home. The house is now located 5’ 7” from the side lot line. The addition will require a 1’ 5” area variance. Judith and David Rice.
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Mr. Rejman: 82 Perrine Street, are you here? Good evening, state your name for the record please.
Mrs. Rice: Judy Rice.
Mr. Rice: David Rice.
Mr. Rejman: Ok, and what would you like to do there?
Mrs. Rice: We would like to add a 20-foot by 24-foot addition onto the back of our house.
Mr. Rejman: And the reason you are here is the property line is too close to the house.
Mrs. Rice: Yes.
Mr. Rejman: This is one of our, we see this an awful. I think it is only 66 feet wide, is that what it is?
Mrs. Rice: Yes.
Ms. Marteney: And a 195 feet deep.
Mr. Rejman: It happens a lot.
Mrs. Rice: And it that neighborhood too.
Mr. Rejman: So it is not unusual that we have these.
Mr. Darrow: What is the current length of your house?
Mrs. Rice: I don’t know.
Mr. Darrow: Don’t know.
Mrs. Rice: That porch will come off. We actually are not extending that far.
Mr. Darrow: Would you guess maybe 50 foot?
Mrs. Rice: Maybe.
Mr. Darrow: Ok.
Mr. Rejman: Maybe less.
Mr. Darrow: Pretty close to what they have for square footage on the small lot.
Mrs. Rice: It is a tiny lot.
Mr. Darrow: Minimal that they are looking for.
Mrs. Rice: So the actual living space because we never lived in that little porch that we have out in back, it is very small, we only have one bedroom, one tiny little room, kitchen and one bathroom which is tiny. It is really way too small for everyone.
Mr. Rejman: Is there anyone here wishing to speak for or against this application? Hearing none, we will come back to the board. Final questions from the board.
Mr. Darrow: No, when you consider that based on those measurements maybe there is 1,000 square feet in there.
Mr. Rejman: Ok, we will close the public portion and discuss this out.
Mrs. Rice: Thank you.
Ms. Marteney: It won’t show from the road when you drive by.
Mr. Rejman: And it won’t extend past the garage.
Mr. Darrow: Once you look at it when I visited the property it is close but there is a chain link fence dividing the properties and there are no neighbors here.
Mr. Rejman: And that is the key. Motion please.
Mr. Darrow: I would like to make a motion that we grant Judith and David Rice of 82 Perrine Street a 1’ 5” side yard property line variance for the purpose of erecting a 20 foot x 24 foot addition to the house as per drawings submitted.
Mr. Westland: I’ll second that.
VOTING IN FAVOR: Ms. Marteney
Mr. Darrow
Mr. Westlake
Ms. Aubin
Mr. Rejman
Mr. Rejman: Application has been approved. Good luck.
Mrs. Rice: Thank you.
ZONING BOARD OF APPEALS
MONDAY, AUGUST 30, 2004
192 Genesee Street, C-4, Side Yard Buffer Area Variance of 31’ from the required 50’ along both the east and west property lines for a parking lot accessory to a building addition. John Wejko
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Mr. Rejman: 192 Genesee Street, are you here?
Mr. Wejko: John Wejko, Case Avenue Incorporated representing Dr. Bock and Dr. Foresman. We are proposing an addition on the existing property and actually the letter I got back from the City says we are looking for an area variance of 31 feet that is not anywhere true.
Mr. Rejman: It didn’t seem true.
Mr. Wejko: No, what it amounts to is that the addition this is a single story looking like a ranch type house on Genesee Street. Has a driveway on either side of it. The addition is planned for the back, parking area in back according to the site plan, the area variance is actually the City requires 10 feet of green space on each side east and west of the property. At the minimum we have 4 to 5 at the front which and it goes back to 19 feet where the parking lot begins, so what we are looking for is actually a few feet on each side.
Mr. Darrow: Am I correct in understanding what we will need on this is a buffer zone variance?
Mr. Wejko: Right.
Mr. Darrow: OK. The buffer zone is what we need the variance.
Mr. Wejko: This letter when I saw that I know there was no way I could communicate with the board, there are five members it amount to just a few feet on each side and only for about 50 to 60 feet back where that green space is actually 10 feet away. The area in front has been that way for the last 30 years.
Mr. Darrow: So do you or Ed have to correct numbers that we are looking for in the buffer zone variance.
Mr. Wejko: If you don’t mind, I can go to each one and mark it basically what I am talking about.
Mr. Rejman: Yes, I think I would like that, I marked it on mine and we will see if we call come out the same.
(Mr. Wejko goes to each board member and shows them what he is talking about).
Thank you very much.
Mr. Wejko: When Brian and I, Mr. Hicks and I had our first discussion he said he said it was 10 and 20, thinking that the west side property was a residential zone and then he came back and told me that both sides were commercially zoned and it would be 10 and 10 on each side.
Mr. Rejman: Good and we all have our maps marked now so we understand what we are dealing with, that buffer that is running on a tangent. Let me ask this before we go further. Is there anyone wishing to speak for or against this application? Yes we do, we have someone. John have a seat.
Mr. Vivenzio: My name is Jim Vivenzio my property borders the west side
Mr. Rejman: West side, ok
Mr. Vivenzio: That piece of property runs all the way to Woodlawn Avenue and that is residential on Woodlawn, because C. Howard Murphy tried to build there one time and the City put a stop to it.
Mr. Rejman: You are saying that your property on Genesee
Mr. Vivenzio: Woodlawn
Mr. Rejman: On Woodlawn
Mr. Vivenzio: This piece of property goes all the way from Genesee Street to Woodlawn
Mr. Rejman: OK
Mr. Vivenzio: And my property goes 160 something odd feet from Woodlawn towards Genesee Street
Mr. Rejman: OK.
Mr. Vivenzio: I don’t know what he is talking about
Mr. Rejman: OK, we are going to take a break and why don’t you take a look at the site plan and then if you have questions, come back to us.
Mr. Vivenzio: OK.
Mr. Rejman: We are going off for a moment. Did all your questions get answered?
Mr. Vivenzio: Yes, no problem.
Mr. Wejko: The issue was that there is a residential lot that is part of this property on Woodlawn, which is not being touched. There is about a 100-foot buffer of trees still remaining between that lot and the parking lot.
Mr. Rejman: OK. Thank you. I will call one more time, anyone wishing to speak for or against this application? OK, hearing none, we will come back to the board. Questions from the board? None, we will close the public portion.
We are looking at a small
Mr. Darrow: At most 6 foot.
Mr. Westlake: On each side.
Mr. Darrow: Yes on each side and it gets narrower as it goes down. The only people that showed any concern are satisfied with what is going on with the project now.
Ed seems to be satisfied with the way we are looking at the maximum of 6 foot.
Ms. Marteney: And both properties are zoned commercial.
Mr. LaDouce: The part that goes to Woodlawn drops off, doesn’t it?
Mr. Wejko: I don’t think so, what there is that west side property there is a property adjacent to it and the left side has a steep incline getting up to grade level and that is all over grown woods and vegetation. I really haven’t walked all the way to Woodlawn. There are a couple block walls back there but I think that is way in back of the property.
Mr. Rejman: Motion?
Mr. Darrow: I would like to make a motion that we grant John Wejko of Case Avenue Incorporated Construction a variance on behalf of Dr. Bock for the purpose of a 6 foot east side and west side buffer zone variance for the creation of a addition of the property at 192 Genesee Street, a submitted in attached plot plan.
Mr. Westlake: I’ll second that.
VOTING IN FAVOR: Ms. Marteney
Mr. Darrow
Mr. Westlake
Ms. Aubin
Mr. Rejman
Mr. Rejman: Application has been approved. Nice to see investment in the City.
Mr. Darrow: It was nice to see that he took the time to explain to the neighbor, who was unaware of what was going on.
Mr. Wejko: Thank you.
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