ZONING BOARD OF APPEALS
MONDAY, DECEMBER 27, 2004
Members Present: Mr. Darrow
Mrs. Brower
Mr. Westlake
Mr. Rejman
Members Absent: Ms. Marteney ( Phoned out of town)
Mr. Baroody
Ms. Aubin (Phoned – has flu)
Staff Present: Ms. Hussey
Mr. Hicks
Staff Absent: Mrs. Hoffmann
APPLICATION
APPROVED: 57 Chapman Avenue
278 Genesee Street
Mr. Rejman: Good evening, this is the Zoning Board of Appeals.
Tonight we have:
57 Chapman Avenue
278 Genesee Street
ZONING BOARD OF APPEALS
MONDAY, DECEMBER 29, 2004
57 Chapman Avenue. R-1A, area variance to allow unattached garage to be constructed closer to the house than the 10 feet distance required by the Ordinance. Shelley Henline
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Mr. Rejman: 57 Chapman Avenue, are you here? Yes, step forward. State your name for the record.
Ms. Henline: Shelley Henline.
Mr. Rejman: OK, Shelley tell us what the problem is?
Ms. Henline: I would like to build a garage, but there is not enough back area I need ten (10) feet from my house to build and I am going to build a fire wall build a little close as far as my house goes.
Mr. Rejman: OK. You have given us some nice drawings, we really appreciate all that. Nice photos here. Questions from the board?
Mrs. Brower: What is a firewall?
Ms. Henline: Extra sheetrock I need to build our garage, so I can build.
Mr. Hicks: Basically creates a fire separation between one structure and the other structure
Mrs. Brower: Right.
Mr. Hicks: We require ten (10) foot here in the City for that separation.
Mr. Rejman: We will let the pictures get passed around for the moment. There is really nothing else you could do there, there is no other place to spot that garage really.
Mr. Westlake: Doesn’t look like there is anybody against either.
Ms. Henline: I don’t want to be driving into my back lawn to get to the front door. I want a pool, and I bought that property for nature.
Mr. Rejman: This is one of our famous small lots in the City.
Mr. Darrow: 65 feet wide.
Mr. Rejman: Is there anyone wishing to speak for or against the application? None. Any questions from the board? Before we go forward any concerns on this? You feel you can vote on it tonight? (All agree) We will close the public portion and discuss this and vote.
Just one of those lots that are 65 feet wide and I can understand not wanting to push it too far back on the back lawn.
Mr. Darrow: Codes is ok, as long as they put a firewall.
Mr. Rejman: I like the idea of a firewall. Who came up with that idea?
Mr. Hicks: New York State Fire Code.
Mr. Rejman: First time I have heard of it used in this situation.
Mr. Westlake: I have one question, she said she wants to put a pool in the back yard, if she puts the garage there how are they going to get any equipment back there to put a pool in the back?
Mr. Darrow: Right hand side of the house.
Mr. Westlake: OK.
Mr. Rejman: It is a kit, you build it when you get it there.
Mr. Darrow: I would like to make a motion that we grant Shelley Henline of 57 Chapman Avenue a four (4) foot area distance separation variance for the purpose of constructing a garage as plotted on the submitted plans.
Mr. Westlake: I second that motion
VOTING IN FAVOR: Mr. Darrow
Mrs. Brower
Mr. Westlake
Mr. Rejman
Mr. Rejman: Application has been approved.
Ms. Henline: Thank you.
ZONING BOARD OF APPEALS
MONDAY, DECEMBER 27, 2004
278 Genesee Street. C-1, variance for 42 inches in height and 12-¼ square foot in area for a sign to be erected in the clear-site triangle. Barry Moochler.
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Mr. Rejman: 278 Genesee Street, are you here? Hello.
Mr. Moochler: Barry Moochler.
Mr. Rejman: Hello Barry.
Mr. Moochler: I am requesting a variance for a sign to be placed at 278 Genesee Street.
Mr. Rejman: Have you had a chance to see the letter from Tom Weed, Traffic Officer?
Mr. Moochler: No I haven’t.
Ms. Hussey: Do you want me to read it into the record?
Mr. Rejman: Yes, would you please read that into the record.
Ms. Hussey: This is a memo dated December 16, 2004 to the Members of the Zoning Board of Appeals from Tom Weed – City of Auburn Traffic Coordinator regarding Moochler Physical Therapy.
“After receiving a request to check the proposed sign for Moochler Physical Therapy at 278 West Genesee Street, I went there and upon checking found that the sign while in the site triangle does not cause any site problems for motorists. Because of the buildings in this area motorists are forced to pull closer to the corner in order to see when pulling out of Warren Avenue. Where this sign is to be located is back from this area and as stated does not pose any significant problem”.
Mr. Rejman: Thank you. So our traffic control has no problems with the clear site triangle and the sign as proposed. Questions from the board?
Mr. Darrow: I believe there are two variances here, there is also a variance for the size of the sign 12 ¼ square feet. Is that correct?
Ms. Hussey: Yes.
Mr. Rejman: I am assuming Mr. Weed had the size of the sign given to him when he went down to take a look at it.
Mr. Darrow: I have a question for Mr. Hicks, is that a typo or it that 42 inch and not 42 foot variance in the clear site triangle?
Mr. Hicks: 42 inches is correct and that is for the height of the sign
Mr. Darrow: OK.
Mr. Hicks: Because it falls within the clear site you have to cover every aspect that is required.
Mr. Darrow: OK.
Mr. Westlake: Is that the Old Byrne Dairy store?
Mr. Hicks: Yes.
Mr. Rejman: Any questions from the board? None. Anyone wishing to speak for or against this application? None. We will close the public portion and discuss and vote.
Mr. Darrow: Being that Officer Weed checked that is most important.
Mr. Rejman: That is right, that was in my mind.
Mr. Darrow: I would like to make a motion that we grant Barry Moochler of Moochler Physical Therapy of 278 Genesee Street a 42 inch height variance for the purpose of erecting a sign as plotted and submitted on plot plan along with a 12 ¼ area variance for the size of the sign.
Mrs. Brower: I will second that.
VOTING IN FAVOR: Mr. Darrow
Mrs. Brower
Mr. Westlake
Mr. Rejman
Mr. Rejman: Application has been approved.
Mr. Moochler: Thank you.
Mr. Rejman: When are you going to be up and running?
Mr. Moochler: Three weeks ago. (Everyone laughs)
Mr. Rejman: Meeting adjourned at 7:30 p.m.
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