ZONING BOARD OF APPEALS
MONDAY, SEPTEMBER 25, 2006
Members Present: Ms. Marteney
Mr. Baroody
Ms. Brower
Mr. Westlake
Mr. Bartolotta
Mr. Rejman
Member Absent: Mr. Darrow
Staff Present: Ms. Hussey
Mr. Hicks
Mr. Selvek
APPLICATIONS
APPROVED: 150 Grant Avenue
25 N. Green Street
22-24 Wright Avenue
APPLICATION
TABLED: 200 McIntosh Drive
Mr. Rejman: Good evening. This is the Zoning Board of Appeals. Tonight on our agenda we have:
150 Grant Avenue
200 McIntosh Drive
25 N. Green Street
22-24 Wright Avenue
ZONING BOARD OF APPEALS
MONDAY, SEPTEMBER 25, 2006
150 Grant Avenue. C3 Zoning district. Walgreens/Andrew Wright, applicants. Area variance for attention getting devices (signs).
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Mr. Rejman: 150 Grant Avenue. Come forward, state your name for the record.
Ms. Frisicano: My name is Gina Frisicano.
Mr. Rejman: Refresh our memories what was the application for?
Ms. Frisicano: For advertising purposes we would like to put two signs on there are three different light poles, two on Seward Avenue side and one on the Grant Avenue side of the store. We would like to put two signs on each of the light poles. The signs are 2.75 feet x 5.5 and would like to put one on each of the light poles. The signs will be there to say Open 24 Hours or Digital Photos Available. The last time our application did not request the additional signage we are requesting an additional 100 feet of additional signage.
Mr. Rejman: That was the issue before the square footage that you are requesting. Questions?
Mr. Westlake: I personally think they have plenty of signs right now. Will make Grant Avenue look like a circus.
Mr. Rejman: Do you know the total number of square footage.
Mr. Slevek: No.
Mr. Rejman: That was a question that we had. Brian, do you happen to know the total number of signage and square foot that is up there now on Grant Avenue for Walgreens?
Mr. Hicks: Off hand, I don’t know the total amount.
Mr. Rejman: Didn’t we give a variance before we gave them additional square footage or was it only because of the sign.
Ms. Marteney: For the square footage and reader board.
Mr. Rejman: Brian, tell you what, can you get that information if we put this until the end of business tonight? I think that is a concern of a few people.
Mr. Westlake: I drive around quite a bit because of my job and Walgreens no place else has these signs up. Any of the new ones in Syracuse don’t have them, not something they normally do.
Mr. Rejman: I thought we were shown pictures of some locations
Mr. Westlake: We were shown pictures but like I said I drive all over Syracuse and Central New York and I haven’t seen any of these signs on any other Walgreens around.
Ms. Frisicano: Right now the two stores, we have two stores in Utica and one in Syracuse and those stores have only been open for about a month or two. I don’t know if they are on top of it but I think they will be doing the same thing.
Mr. Rejman: What I am going to do is retable this to the end, reschedule to the end of our business tonight.
Ms. Frisicano: Ok.
Mr. Rejman: And by that time we will have some figures on the total square footage. Put that off to the side now.
Item #1, 150 Grant Avenue, let’s reopen that. The question that we had was how many square foot of sign advertising signs are there now, how much is allowed and we know that the applicant is looking for 100 feet.
Mr. Hicks: My records show that the variance granted to Walgreens was for the LED reader board not for square footage of signage. The allowed amount of square footage for that location is 1,110 square feet of signage. They presently have 398 square feet now with the two banners that would be allowed to go up if the board so grants, would add another 151.2 which would bring them to a grant total of 549.2 square feet of signage.
Ms. Hussey: Is that just for that one out parcel or for the entire shopping center?
Mr. Hicks: This is just for the deeded area of Walgreens.
Ms. Hussey: There is no deeded area. The site plan.
Mr. Hicks: It is for two banners.
Ms. Marteney: So why are they here?
Mr. Rejman: It is an attention getting device.
Mr. Hicks: That is correct.
Mr. Rejman: In this case the square footage does come into effect.
Ms. Marteney: Add to the 3 light poles?
Ms. Frisicano: Two on each pole.
Ms. Marteney: A total of 6 banners?
Mr. Hicks: It will be a total of 6 banners, 2 to each pole. They have 3 light poles on their property.
Ms. Marteney: Each is going to have 2 of those. (Ms. Frisicano holds up a banner).
Mr. Rejman: Ok, so the issue is they are within their allowable square footage of advertising signs but because this is an attention getting device, we need to approve that.
Mr. Baroody: I thought the square footage was gone.
Mr. Westlake: That is what I thought.
Mr. Hicks: No, they still have allowable square footage after the banners are installed.
Mr. Westlake: Then why are we here?
Mr. Hicks: Because it is a pendant flying banner and they are not allowed by Code because it is listed as an attention getting device.
Mr. Barrody; So we are giving them a variance for an attention getting device.
Mr. Rejman: If it was a hard sign they would not be here.
Ms. Marteney: Since they are double sided will it count that much more?
Mr. Hicks; No when it is the same material we only list it as one face, if it was two separate pieces of material and they were mounted separately then it would be two signs.
Mr. Rejman: Variance required has nothing to do with square feet, we are looking for a variance to allow an attention getting banners on three light poles on the property.
Mr. Bartolotta: So this is a use variance.
Mr. Hicks: This variance was the allowable signage as stated by the Code.
Mr. Westlake: I would like to make a motion that we grant Walgreens/Andrew Wright, 150 Grant Avenue a variance to install 6 banner flags to 3 existing light poles west and south. The banner flag pendants are attention getting devices and expressly prohibited in all zones.
Mr. Baroody: I will second that.
VOTING IN FAVOR: Ms. Marteney
Mr. Baroody
Ms. Brower
Mr. Westlake
Mr. Bartolotta
Mr. Rejman
ZONING BOARD OF APPEALS
MONDAY, SEPTEMBER 25, 2006
200 McIntosh Drive. C Zoning district. North Brook Development, applicants. Use variance for dental office/physician office; to construct a dental office and also additional office space for 2 or 3 physicians.
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Mr. Rejman: 200 McIntosh Drive, are you here?
Mr. Yoensky: I am Carl Yoensky, I am the managing partner for the property at 200 McIntosh Drive.
Mr. Rejman: Ok, Carl, tell us what the issue is and what you want to do there.
Mr. Yoensky: We are asking for I think a zoning variance to build a small medical building, one story building, that houses a dentist and a couple physicians and get the zoning corrected so that can happen.
Mr. Rejman: Tell us more about the building, what size would it be?
Mr. Yoensky: Dr. Nangle you probably know more about it.
Mr. Rejman: State your name for the record.
Dr. Nangle: I am Dr. David Nangle. About 3,035 square feet but I have not bought the property, I have not done the site plan as yet so I don’t really have those answers. The problem came up originally when I put the Purchase Offer in on the property it was zoned commercial but from my understanding this commercial can have just about any thing but a medical office which means I could have a tattoo parlor there, but I can’t have a medical office there. This is just something with the Auburn Codes.
Mr. Rejman: All right. Any input on that (to counsel)?
Ms. Hussey: He is correct this is zoned commercial medical professional offices aren’t one of the permitted uses in C, it abuts a C4 which Highway Commercial and it does allow it there.
Mr. Rejman: Ok. Questions from the board?
Mr. Westlake: I don’t see a problem with it.
Mr. Rejman: Do we know what thought process was behind that? We probably don’t.
Ms. Marteney: You mean about the zoning?
Mr. Rejman: Why is it excluded in this commercial zone.
Dr. Nangle: With my quick meeting with Steve Lynch he said that for some reason because of the age of it they gave like an in between commercial zoning if that makes any sense to any body.
Ms. Hussey: It is abutting residential on end and it is more or less designed as a buffer.
Mr. Bartolotta: I wonder if it is because medical buildings, do medical buildings tend to have more traffic than other professional buildings? I don’t know if that is the case.
Ms. Hussey: The commercial is basically for consumer services, retail services such as your downtown area for instance
Mr. Selvek: If you actually look at a zoning map, Grant Avenue would be C-3 Highway Commercial, this parcel which is kind of a long narrow parcel is commercial and then you have Residential 4 next to it, we believe that C may have been put in there as a buffer between the Highway Commercial and the Residential, not so much to buffer the uses but because the different size requirements, setbacks, so on, so forth, that are associated with a C-3 versus C. A C allows smaller lots, C-3 larger lots. So even with a use variance of this nature, they still have to comply with the deed setbacks, building side restrictions and so forth pertinent to a C zone.
Mr. Rejman: Ok, thanks.
Mr. Baroody: They are only going to be using 20% - 25% of the parcel.
Mr. Nangle: That is correct out of 13.5 acres there is only about 2 acres.
Mr. Yoensky: Because of flood plains and the lay of the land and it is long and narrow there is only 3 of the 4 acres that are developable lands.
Ms. Hussey: Just to clarify the Code the general Commercial District which is the C district, C district includes transitional areas of the City. These areas include neighborhoods located between industrial and residential sections of the City and older industrial buildings which fail to meet the needs of modern industry basically. In establishing a zoning classification for such areas it is the City’s intention to promote the creative reuse of older industrial buildings, prevent conflicts that might arise when uses of too varied a nature are located in close proximity to each other.
The uses specifically permitted in the C District are wholesale establishments, consumer service establishments, business goods and service establishments, conversion of existing structure formerly used as an industrial or general commercial building into retail shopping establishment or center, veterinary clinic and/or animal hospital, but not including kennels, auto sales area and/or building, auto wash, or auto service station and self-service storage facility, day-care cent4ers and nursery schools.
The Highway C4 which it abuts permits professional, medical and/or business offices, funeral homes, governmental offices, day-care centers and nursery schools.
C3 is retail shopping establishments, consumer service establishments, business goods and service establishments, auto sales, auto service, auto wash, self-storage, wholesale establishments, hotel or motel, drive-in establishments, manufacturing items for sale, professional and/or medical offices, veterinary clinics, day-care centers and nursery schools.
Mr. Rejman: All right, let’s do it this way. Is there any one wishing to speak for or against this application? None.
Ms. Hussey: For the record, I should let Stephen Selvek address this, a person did call.
Mr. Selvek: For the board’s information, I did receive a call this afternoon from a Tom Ryan, who lives at 132 Murrary Street. To make it short, he is opposed to the use variance itself. He stated that this primary concern was that of traffic, it is already a busy area and he thought this use variance would increase the traffic.
Mr. Westlake: If they finish the Connector Road it would take cre of that problem.
Mr. Rejman: You were hopeful to construct a dental office with additional office space for 2 or 3 physicians. Let say we have 3 physicians there and support staff and I know it is difficult, what would the traffic, how many customers would you expect to serve on any given day.
Dr. Nangle: In the dental profession I have 4 chairs, the number of customers I can expect to be sitting, the total number at any one point are 8 people.
Mr. Rejman: So over the course of a normal day, how many clients would be served?
Dr. Nangle: Approximately 40 to 60.
Mr. Rejman: Now if that was compared to one of these other allowed uses is that greater or less or equal to?
Mr. Westlake: I would say equal to.
Ms. Marteney: I would say equal to.
Mr. Baroody: The hours are restricted too, you are not working 7 or 8 to midnight.
Ms. Marteney: Some dentists are open at 7 in the morning.
Dr. Nangle: It would be 8:00 a.m. to 5:00 p.m.
Mr. Westlake: A used car lot would probably be 9:00 a.m. to 9:00 p.m. or 10:00 p.m. at night.
Mr. Bartolotta: I would think a car wash would generate quiet a bit.
Ms. Marteney: It is not a noisy business.
Mr. Westlake: Do we have to do a SEQR first?
Mr. Rejman: We do, it is a use variance and we have some other issues. The property is not owned yet and you don’t have a (goes to Counsel). What we were discussing was part of the use variance in take that we need is the economic side of it. Economic hardship and we don’t have proof of that. We are trying to see what we might use.
Ms. Hussey: Obviously you have a hardship with respect to the flood plain and the water issues and the limitations on the land, but there are just some representations made as to the value of the property without any backing and that is what the board would look for in the event that this use variance if granted may be challenged at one point and so in order to support the board’s decision and by the way it would be to your advantage to submit some evidence broker estimates.
Ms. Marteney: It talks about attempts to sell the property in the last several years; there is no documentation of that.
Mr. Rejman: Right, supporting the application.
Mr. Yoensky: You would like a statement from a realtor that says the value of the property
Ms. Hussey: Among other things you need basically you make several statements in here in support of your case but there is no evidentiary backing to it so that statements that you make here the board needs some support. That is one of the items. A survey showing where the land is restricted or limited by the water, just some backing.
Ms. Marteney: In #17 you say the value of the property will be reduced in half and we certainly will take your word for it, but there is no documentation attached.
Ms. Hussey: With a use variance there are stricter legal standards that we need to have provided.
Mr. Rejman: A map would be very helpful. A map showing the flood plains, some realtor comments. The best thing to do here is to table this until next and get together with Brian and Steve and see what they would feel would be helpful.
Ms. Hussey: You basically have every thing
Mr. Rejman: It is all here but we need the backing.
Mr. Yoensky: Any other route around this because he would like to get going winter is coming and he would like to get his building up if possible and if we wait a month we still have to go to Planning, it will be winter before we get approval and start building.
Mr. Rejman: Our concern is we have some – a use variance we have some very tough guide lines to follow and we want to make sure that we follow that in the event that is challenged in Court, because if that happens it really gets messy. I think what you are seeing here is your seeing that we are looking at it favorably right now but we do need that supporting documentation underneath the application.
All those in favoring of tabling the application until next month. All agreed.
We will make sure you are right on top.
Mr. Yoensky: Thank you.
ZONING BOARD OF APPEALS
MONDAY, SEPTEMBER 25, 2006
25 N. Green Street. C2 Zoning district. Roger Button, applicant. Area variance to erect garages less than the required 10 feet from the primary structure.
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Mr. Rejman: 25 N. Green Street.
Mr. Button: Hi, I am Roger Button. I own and operate Button Signs at the end of Green Street which is a dead end here in Auburn. I am requesting a variance to build a car and a half garage 18 x 20 structure. The reason is I cannot put the structure up 10 feet from my building. I am asking for a variance for that. The set backs for the building I can stay within but I can’t get the 10 feet.
Mr. Rejman: And that is just because we are dealing with a lot that is difficult in size, the widest is 50. 5 and 104.
Mr. Button: Correct. I think you all have a sketch.
Mr. Rejman: Yes we sketch. Questions from the board? Any one wishing to speak for or against the application? Only issue we have is the 7 foot from the primary residence is that it?
Ms. Hussey: There is a SEQR.
Mr. Selvek: With regards to the construction of the garage at 25 N. Green Street and the adverse effect that could be found. I found none. That type of small development the garage is situated behind the rear yard of the property and meets the minimum set backs. It is unlikely to impact the neighborhood character.
The existing site is a developed site with regard to endangered species or significant habitats therefore there should be no adverse impacts.
Granting this variance will likely result in the construction of the garage.
Mr. Westlake: I would like to make a motion that we have a negative declaration for the SEQR.
Mr. Baroody: I’ll second that.
VOTING IN FAVOR: Ms. Marteney
Mr. Baroody
Ms. Brower
Mr. Westlake
Mr. Bartolotta
Mr. Rejman
Mr. Westlake: I would like to make a motion that we grant Roger Button of 25 N. Green Street a 7 foot area variance for the placement of a garage 3 foot off the south west corner of the primary structure. The garage to be 18 feet x 20 feet.
Mr. Button: I haven’t really, I don’t know the measurement that I can get keeping the set back, I think 4 feet or 5 feet from the lines, I don’t know if there still I don’t think I can get 7 feet.
Mr. Baroody: It is a 7 foot variance, so you need 3 feet.
Mr. Button: Actually the garage has to come forward there is a walkway there is not really the building sits like this the present building and the garage has to go forward and this is the area that I have problems with, it is not, I can’t do this (shows sketch) if I try to do this I have to go within the set back so I have to move forward which makes this area approximately 3 foot.
Ms. Marteney: But your building has to be 10 feet from the main building that is why that is the variance.
Mr. Button: Right and there is no way that I can do that.
Ms. Marteney: That is why we are giving you the variance.
Mr. Button: I can’t give you exact it is some where between 30 inches and 3 feet. Presently there is a tent there, a storage tent.
Mr. Rejman: The application is to give you a 7 foot variance which means you have 36 inches, you can’t get any closer than 36 inches.
Mr. Button: What is the set back for the back of the line and sides?
Mr. Hicks: The rear is 4 foot and the sides is 3 foot.
Mr. Button: Ok.
Mr. Westlake: So does the motion stand as read?
Mr. Rejman: We need a second.
Mr. Baroody: I will second it.
VOTING IN FAVOR: Ms. Marteney
Mr. Baroody
Ms. Brower
Mr. Westlake
Mr. Bartolotta
Mr. Rejman
Mr. Rejman: Application has been approved.
Mr. Button: Thank you.
ZONING BOARD OF APPEALS
MONDAY, SEPTEMER 25, 2006
22-24 Wright Avenue. R2 Zoning district. Rick Gaylo, applicant. Area variance to construct parking area in east front yard.
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Mr. Rejman: 22 – 24 Wright Avenue, please.
Mr. Gaylo: Rick Gaylo, the owner. I am putting in a request for a second driveway on the east side of my home. I put in pictures of other homes on my street that are multi-family homes and mine is kind of the one that out of the norm, I am the only one that doesn’t have either an extra wide driveway or an additional driveway. It would make it much easier for the side porch, if you would look first two pictures where I want to put one in, one should have the actual color pictures. The side porch is the one that used to get into both either parking so lots of time if there are heavy things to go in and out of the home, if it is raining and you have to bring in groceries in, I am going up on my neighbor’s driveway a
lot and kind of pulling into the lawn and lots of time I park there so having the additional driveway would be nice for that reason as well as not having to shuffle cars around when my tenant or I want to get out, because of the width of the other driveway. That is my request, I just want to put in an additional driveway. It is actually my neighbor’s idea, it would also help because his yard sits up a little higher than mine, it would also help to alleviate a lot of water flowing problems because I would pitch everything towards my back yard.
Mr. Rejman: Ok, anyone wishing to speak for or against the application? There are none in the audience. Questions from the board? We all understand what the request is? Questions? None. All right, we will close the public portion and discuss amongst ourselves. Have a seat.
Mr. Gaylo: Thank you.
Ms. Brower: Will be an improvement.
Mr. Rejman: Actually the neighbor had a good idea, it might work out well for both.
Mr. Westlake: I would like to make a motion that we grant Rick Gaylo of 22 – 24 Wright Avenue an area variance for the creation of a parking area in the front yard to the east of this property.
Ms. Hussey: I think that, I am sorry, before you go further, I think the dimensions of this need to be clarified. In the first drawing it shows 50 feet long by 20 foot wide and it looks like that just the dimension from one driveway to the neighbor’s driveway, however it should be clarified the width on that.
Mr. Rejman: Can I bring the applicant back for a moment.
Mr. Gaylo: The width of the driveway would be the second picture it would be from his driveway to the side of my side.
Mr. Rejman: 14 x 50?
Mr. Gaylo: Yes 14 x 50 and then it would be 62 going from the sidewalk to the road.
Mr. Baroody: Putting in a new sidewalk?
Mr. Gaylo: Yes sidewalk going in, putting in new curbs.
Ms. Hussey: Because it goes all the way to the other property line that would require a separate variance because of the fact that there is a 5 foot green space required in between the two properties. What he is talking about if I am correct, cementing from the foundation of one house to the foundation of the porch of the other house. Continuous driveway from the foundation of one house to the foundation of the other instead of green space.
Mr. Gaylo: Mine will be black top and his is concrete.
Mr. Rejman: We are dealing with a 14 x 62 foot and dealing with a variance for a 5 foot green space. Close the public portion. Need two variances.
Ms. Hussey: There is a motion on the floor.
Mr. Westlake: Need a size which is 14 x 62.
Ms. Brower: I will second that.
VOTING IN FAVOR: Ms. Marteney
Mr. Baroody
Ms. Brower
Mr. Westlake
Mr. Bartolotta
Mr. Rejman
Mr. Westlake: I also would like to make a motion that we grant Rick Gaylo of 22 – 24 Wright Avenue a 5 foot green space variance.
Mr. Baroody: I will second that.
VOTING IN FAVOR: Ms. Marteney
Mr. Baroody
Ms. Brower
Mr. Westlake
Mr. Bartolotta
Mr. Rejman
Mr. Rejman: Two items I would like to bring up. I think Mr. Carr Magel is coming before us again. I would to have the application reissued to us, if you would do that it would be helpful.
The packets are coming, I got my Friday night late, I think we need a little more time than that. Any idea of what we should ask for, 7 days maybe?
Ms. Marteney: If you get it on Friday night you have the weekend.
Mr. Rejman: It is hard if you work on Saturday and Sunday. I have to go in at Saturday midnight so I am asleep on Saturday until 3:00 p.m. in the afternoon. Doesn’t allow much time. Should we put that in a form of a motion of just request we get them a little earlier? Just something more than a few days.
Ms. Brower: When do we usually get them, it is usually in plenty of time.
Mr. Rejman: It use to be we were getting them
Ms. Marteney: A good week
Mr. Rejman: Yes, a good week and then something happened.
Mr. Hicks: I can explain it, one of the reasons why you don’t get them now as early as you use to, is that I am not able to get the packets together in time to give them out time in the time you might require to go over these, I am the hold up. That is the reason you are not getting them. We have a cut off date on the calendar and there have been a few times that some of these items don’t seem to be hard to deal with we allow them to come in as long as we meet the publication date, that is our biggest concern that we get it in the newspaper so we get it publicized. We don’t want to hold any body off because they always come in the day of the cut off and then they realize they need a variance. So if all the
information is together we try to put it through so as not to create a problem. But also they back up on my desk and I am not able to give my secretary where she can get the denials together. There have been a few back logs.
Mr. Rejman: If we could get them a day or two sooner, that would be nice.
Mr. Hicks: I am going to try and turn them around as soon as they come in.
Mr. Rejman: All right.
Meeting adjourned at 8:00 p.m.
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