ZONING BOARD OF APPEALS
MONDAY, SEPTEMBER 26, 2011
Members Present: Ms. Marteney, Mr. Baroody, Mr. Darrow, Mr. Kilmer, Mr. Tamburrino and Mr. Westlake
Member Absent: Ms. Calarco
Staff Present: Ms. Jensen and Mr. Hicks
Staff Absent: Mr. Fusco
APPLICATION APPROVED: 2 Sherman Street, 8 Venice Street, 74 Orchard Street, 202 Franklin Street, 222 Osborne Street
APPLICATION TABLED: 141 Garrow Street
Mr. Westlake: Good evening, ladies and gentlemen, this is the Zoning Board of Appeals. Tonight we have the following item: 2 Sherman Street, 142 Garrow Street, 8 Venice Street, 74 Orchard Street, 202 Franklin Street, 222 Osborne Street .
Last month we didn’t approve the minutes of the July meeting so if there are no errors, deletions or corrections to the minutes of the July and August meetings minutes they will stand as written.
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2 Sherman Street. R1 zoning district. Applicant: Ray Kilmer. Area variance for front yard parking.
Mr. Westlake: 2 Sherman Street please come to the podium; tell us your name and what you would like to do. I know you were here last month.
Ms. Kilmer: My name is Ray Kilmer. Would like to redo our existing driveway and as we redo it we would like to widen it by 4 feet so we can get my wife’s car and my truck in the driveway.
Mr. Westlake: You call it front yard parking but it similar to the one that was on Fulton Street which was directly in front of the house. Any questions from the board?
Mr. Tamburrino: There is a driveway on the other side of the house is that your driveway too?
Mr. Kilmer: That is the other side of the house’s driveway.
Mr. Tamburrino: Ok. That is not your driveway?
Mr. Kilmer: No.
Mr. Tamburrino: That is your neighbor’s?
Mr. Kilmer: Yes.
Mr. Westlake: Thank you very much. Any other questions from the board? Is there anyone here wishing to speak for or against the application? Seeing none we will close the public portion and discuss amongst ourselves and let you know shortly.
Mr. Baroody: It is there.
Mr. Tamburrino: It is already there, it is gravel.
Mr. Kilmer: Crushed stone there now.
Mr. Kilmer: It was blacktopped but now it is gravel.
Mr. Westlake: Do I hear a motion?
Mr. Baroody: I would like to make a motion that we grant Ray Kilmer of 2 Sherman Street an area variance to expand the existing driveway as submitted in the packet.
Mr. Tamburrino: I second the motion.
VOTING IN FAVOR: Ms. Marteney, Mr. Baroody, Mr. Darrow, Mr. Kilmer, Mr. Tamburrino, Mr. Westlake
Mr. Westlake: Your application has been approved. Good luck with your project.
Mr. Kilmer: Thank you.
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141 Garrow St. Ext. R1 zoning district. Applicant: Lynette Geisinger. Area variance for shed.
Mr. Westlake: 141 Garrow St. Ext., please come to the podium; tell us your name and what you would like to do. Doesn’t look like they are here. May still be trying to combine the two lots. Will table until the October meeting.
All in agreement.
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8 Venice Street. R2 zoning district. Applicant: Kenneth Byrd. Area variance for carport.
Mr. Westlake: 8 Venice Street, please come to the podium; tell us your name and what you would like to do.
Mr. Byrd: My name is Kenneth Byrd and I would like to get a variance so I keep my carport up.
Mr. Westlake: Any questions from the board?
Mr. Byrd: The reason why is because my next door neighbor has about 24 cats and her cats scratch my car and did $1,600 worth of damage and I put up a carport to keep the car from getting scratched any more.
Mr. Tamburrino: You build this carport it seems the cats would still get through.
Mr. Byrd: I am holding it down with sandbags and bricks.
Mr. Tamburrino: I see it is a temporary structure with like a canvass
Mr. Byrd: Right
Mr. Tamburrino: And when I think of a carport I think of just of a roof and two poles right.
Mr. Byrd: Right.
Mr. Tamburrino: The cats can still get in.
Mr. Byrd: Oh no it is not a carport it is like a car tent but call it a carport and I sealed it all the way around.
Mr. Tamburrino: You just want to use this structure as it stands?
Mr. Byrd: Yes.
Ms. Marteney: For how long?
Mr. Byrd: Until they get the cat situation under control. I don’t know the solution. My insurance went up because I had to report the claim and I didn’t get it fixed yet because once I get it fixed they will just do it again. I want to make sure I get the variance first for the carport.
Mr. Hicks: Excuse Mr. Chair, the applicant has requested an area variance for the placement of temporary garage structure so he may use the term carport but the structure that he is talking about is a temporary garage, the classification as far as accessory structure. This is a concern for all placements of any accessory structures. This is why the applicant is here.
Ms. Marteney: And a temporary can only stay up for 6 months at any one time?
Mr. Hicks: I am not aware of that.
Mr. Westlake: No real definition of temporary.
Ms. Marteney: What about the one on Metcalf several years ago someone had it up forever 6 months was the life span.
Mr. Hicks: If the life span is 6 months I can understand that
Ms. Marteney: No installation like
Mr. Hicks: There may be some condition set by the board.
Mr. Baroody: Can we put a sunset clause in there?
Mr. Westlake: Yes we can.
Mr. Baroody: We are trying to see if there is an instrument that we can use to put a time limit on a situation limit. Say if you were in a wheelchair we could say the ramp could stay as long as you were there.
Ms. Marteney: What would happen if 24 cats become 40 cats within 6 months
Mr. Tamburrino: That is not going to go away.
Mr. Byrd: That is what is going on, I called Dog Control and they said they couldn’t do anything. I have been trying to handle this situation for a while.
Mr. Hicks: Now in your packet you will see that there is a letter from the property owner giving permission to apply for this application. He is a tenant at this location. That might be a consideration for your sunset clause.
Mr. Westlake: Ok, what our concern is that if we allow this we will have them all over Auburn. But yours is a special situation and we can address each situation as it comes to us. But we don’t want to set a precedence that says yes you can have these all over the City. It will be up to the board to made a decision as to whether to put some stipulations on.
Ms. Marteney: This will stop the cats from getting to your car?
Mr. Byrd: They can’t get to the car now I have it sealed.
Ms. Marteney: There is a water sprinkler that you can use on the cats.
Mr. Byrd: I ordered that on line but my water bill is going up! Also the cats get used to it they are stray and they don’t care.
Mr. Westlake: Looks like you are trying to do whatever you can to keep these cats away.
Mr. Tamburrino: If they have mud on their feet they can still scratch your car.
Mr. Westlake: Any more questions from the board?
Mr. Baroody: Would you have any objection if we put some language in the variance that this will go when you move?
Mr. Byrd: I am a tenant when I move I will take it with me.
Mr. Westlake: Thank you very much. Is there anyone here wishing to speak for or against the application? Seeing none we will close the public portion and discuss amongst ourselves and let you know shortly. He is really trying.
Mr. Darrow: I have only seen this in all the years I have been on the board one other time. A gentleman on Cottage Street we allowed him.
Ms. Marteney: There was one up on Metcalf.
Mr. Darrow: I don’t remember that one. I don’t think it is a problem it can be dealt with a sunset clause when he leaves that rental unit.
Ms. Marteney: Can we put a stipulation that the landlord receives a letter that says that so that when this gentleman moves out that that is the case.
Mr. Westlake: I think we could do that.
Mr. Tamburrino: That is a good idea.
Mr. Westlake: Any more questions from the board? Do I hear a motion?
Mr. Darrow: I would like to make a motion that we grant Kenneth Byrd of 8 Venice Street a 7 foot primary structure variance, a 2 foot 8 inch side property line variance and a 9 foot 8 inch neighboring property variance for the purpose of installing a temporary garage structure at above address. Said variances will expire at the same time Kenneth Byrd terminates his lease or rental agreement at 8 Venice Street.
Mr. Baroody: I second that motion.
Ms. Marteney: I have a question are you concerned what this is made out of Brian?
Mr. Hicks: It is a plastic mesh material with tarps. We should always be concerned of anything like that has a possibility and probably but the higher hazard actually is the car.
Ms. Marteney: Ok.
VOTING IN FAVOR: Ms. Marteney, Mr. Baroody, Mr. Darrow, Mr. Kilmer, Mr. Tamburrino, Mr. Westlake
Mr. Westlake: Your application has been approved. Good luck with your project and you do know if you move it go with you. We are also going to send the landlord a letter stating that when you move it go with you also.
Mr. Byrd: Thank you.
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74 Orchard Street. R2 zoning district. Applicant: Tim Reilly. Area variance for garage.
Mr. Westlake: 74 Orchard Street please come to the podium; tell us your name and what you would like to do.
Mrs. Reilly: My name is Jackie Reilly and I am applying for an area variance for a garage structure at the property on Orchard Street. In my packet I supplied pictures of the property, the property that we purchased was formally a tavern, it was J & D’s. It has a two structure double house and the bar structure and we would like to extend the back part of it out and build a garage but part of it is actually on the property line. The part we want to extend is 4 feet from the property line. It would be extending into the parking lot but it wouldn’t be any closer it is already that close to the property line as it is. We talked with the neighbors and they didn’t have a problem with it they were glad to see that we were doing a lot of work to the property already. Our intentions are to go to the Planning Board to convert
the bar into two apartments not have a bar or restaurant there. Some people in the neighborhood are a little disappointed. I had a lot of people stopping by and asking me if we are reopening. Right now we pay $330.00 a month for parking and storage. We have a couple different rental properties so with all this space here we can make use of it. In the drawing that Tim did we already had Frank Lumb mark off the 3 parking spots for the tenants and then an additional 4 parking spots after the garage is built there is still a whole lot of parking lot left.
Mr. Westlake: Ok.
Mr. Baroody: It is all in the rear of the building and it is already paved.
Mrs. Reilly: Yes in the back. We would just extend this little back section.
Mr. Baroody: Won’t see it from the street, drive in the driveway and go to the back and that is where it opens up.
Mrs. Reilly: Yes. All of the people surrounding the fence have come up to us and thanked us for cleaning up the weeds and keeping up the property. Our tenants are good tenants.
Mr. Westlake: Questions from the board?
Mr. Tamburrino: Do you have any documentation from your neighbors saying it is ok or that they agree with this?
Mrs. Reilly: I don’t have anything we talked with Ed and Em Boyce we talked with them first because their property borders ours and I worked with Ed and have known them for a long time, we went to them first and if they had an objection we wouldn’t have moved forward with this. We explained it all to them. I tried to get a hold of Mrs. Calarco I called her number and was told it is not a working number and when I was around there I didn’t see her. Most of the property around us is rental property. But I noticed people who have walked up or stopped said they were pleased with what we are doing.
Mr. Westlake: The neighbors were notified.
Mr. Tamburrino: So if they had an objection they would have sent something or been here.
Mr. Kilmer: Jackie the part with the exhaust fan the smaller part of the building is that coming down?
Mrs. Reilly: That will be extended into the roof
Mr. Kilmer: It will be incorporated in the new building?
Mrs. Reilly: Yes. The exhaust fan will be gone shortly we have someone that wants it.
Mr. Hicks: Mr. Chair I have a question. Mrs. Reilly this property you obviously know it is in an R2 district.
Mrs. Reilly: Yes.
Mr. Hicks: This is a residential zone, you mentioned in your application this garage would be used for parking and storage, is it for the people or the property owners?
Mrs. Reilly: It is for us as well, we own rental property and have mowers and trailers that I haul the mowers on and we have just a variety of things that we are currently paying to store so I will store my stuff at the garage.
Mr. Hicks: My concern is this is an R2 zone and I have to be very careful about the application and want the board to understand what your needs are.
Mr. Baroody: Personal use.
Mr. Hicks: I asked the question what her needs would be and what she will use the storage for; I want the board to know.
Mrs. Reilly: We do have a dump trailer that would be parked there and is parked there now, we have a landscape trailer so we do have trailers parked there on occasions when we are not using them. Again this has all been discussed with neighbors that live around us and we even offered to put another fence up by Ed and Em asked us not to, they like the breeze and said it looks better than what they lived with for the past 20 years.
Mr. Hicks: I for one am happy that you bought the property my concern is the R2 zone and the parking of vehicles, tenant related, property related, property maintenance related to that property or maybe one down the street would not be an issue.
Mrs. Reilly: You are saying like our construction company trailer is what you are questioning?
Mr. Hicks: You can put it that way I didn’t want to mention it.
Mrs. Reilly: It is ok, I want to be open and I don’t want you to come back to me and be disappointed. That is something that we discussed with the neighbors as far as those would be parked there on occasion when they are not in use, everyone around us said that is certainly more appealing to them than dealing with what they have had to deal with in the past 20 years.
Mr. Hicks: Right I just wanted you to offer information that may not have been in the application for the board so they can make the best determination on their vote. Thank you very much.
Mrs. Reilly: Ok.
Mr. Westlake: Questions from the board?
Mrs. Reilly: 90 feet of the building is on the property line and then it moves in the back section that we are talking about extending 4 feet off the property line.
Ms. Marteney: It is that little lower part.
Mrs. Reilly: Yes that is what we would affect.
Mr. Tamburrino: Brian it almost sounds like if they are bringing construction equipment and trailers and things like this is that a violation of the R2 zoning?
Mr. Hicks: There is a section of the Code for that because it is only allowed in certain zones that is the question that may have to be asked what the intended use is. That would be a use variance a contractor’s yard this doesn’t sound like it from her answers.
Mrs. Reilly: We would park our vehicles there on occasion we have 16’ trailers that goes for months and months and never sets in Auburn and then other times it may be here. Our 20’ trailer if we do work on the property then that is like our lifeline everything is in it so if we were working on it that has to be with us it isn’t parked there now but it was there before for part of the summer as we were working on the property. There are times when it would just be parked there. This is something we discussed if we need to apply for a use variance to actually physically park it there if I am not working I can do that as well.
Mr. Westlake: Thank you. Is there anyone here wishing to speak for or against the application? Seeing none we will close the public portion and discuss amongst ourselves and let you know shortly. It is an improvement from what was there.
Mr. Darrow: It is an improvement. What I am getting from them is occasionally the landscape trailer or their job trailer it is not like they are going to be having picks and pump jacks all over the place and wheel barrels as was mentioned a contractor’s yard. That is not something that I would be adamantly opposed to for the neighbor but an occasional I know exactly what she speaks of I have a job trailer that I pull from job to job and it spends 98% of its time on a job not in my driveway.
Ms. Marteney: Part of the jobs will be working on that building.
Mr. Darrow: Right so that is legitimate I don’t really see a problem with this.
Mr. Westlake: Ok thank you. Anyone else? Do I hear a motion?
Mr. Tamburrino: I would like to make a motion that we grant an area variance for Timothy and Jackie Reilly of 31 Elizabeth Street to add onto an attached garage at 74 Orchard Street, an area variance of 3 feet of the required 7 feet side line setback for a proposed attached garage addition.
Mr. Kilmer: I second that motion.
VOTING IN FAVOR: Ms. Marteney, Mr. Baroody, Mr. Darrow, Mr. Kilmer, Mr. Tamburrino, Mr. Westlake
Mr. Westlake: Your application has been approved. Good luck with your project.
Mrs. Reilly: Thank you.
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202 Franklin Street. R1 zoning district. Applicant: Cayuga Home for Children. Area variance for driveway.
Mr. Westlake: 202 Franklin Street please come to the podium; tell us your name and what you would like to do.
Mr. Harris: My name is Peter Harris I am representing Cayuga Home for Children. In the packet you see the current driveway that exists and I want to say the way it exists I guess is illegal right now in an R2 we have too much blacktop in front of the house. Talked with Brian Hicks and we have gone over there he showed me what he thought would be a better situation so we are proposing to remove the current 840 square feet in front of the house. If we can get a variance to go 10 feet back on the side of the house and then create a 50 x 40 foot area for 5 cars in the basketball court on the side of the house where it would be legal. We are trying to correct the problem that has been created over the last several years with add on that were not supposed to be done at this point we would just like to correct the problem but we also need a
variance to be able to get to the back yard on the west side.
Mr. Kilmer: If you get this variance will the entire parking in the front of the house come out?
Mr. Harris: Just the area highlighted on the sketch we had parking on the east side of the house and now we would have parking on the west side behind the house. We have expanded a program a year ago and we have housing for 10 children there. We have several employees; we also have temporary parking at the college while we are doing this we can only park there certain hours. What we want to do is remove one part that will line up with the original garage of the house on the left side, remove the turn around and then go straight back to a parking area on the back of the house.
Mr. Tamburrino: You would basically drive across this basketball court right?
Mr. Harris: Right.
Mr. Tamburrino: Ok and then create this new parking lot so the whole side will be paved, ok.
Mr. Darrow: On the second sheet that is marked Tarco Steel on the first one you show now with yellow highlighting then you show you are removing the circular part but not the parking on the left hand side
Mr. Harris: Right.
Mr. Darrow: So that will still constitute front yard parking
Mr. Harris: Right.
Mr. Darrow: But there is no variance here for front yard parking.
Mr. Harris: That was the original driveway on the left hand side by the house.
Mr. Darrow: But that driveway is
Mr. Harris: We would be cutting it on a straight line like the original garage was so it will line up.
Mr. Darrow: So this portion here (points to sketch) is this staying?
Mr. Harris: That is staying.
Mr. Darrow: So that would be front yard parking.
Mr. Hicks: Mr. Darrow that was pre-approved through the process of bringing the group in many years ago, they needed that parking it was approved through the City, that is not an issue for this evening because of the pre-approval for that group home, the State does have certain issues that over-ride us.
Mr. Darrow: Ok. Thank you.
Mr. Harris: Right now when the college lot is full we create a problem by parking on the side of the street so the CEO just wants to get it cleaned up for the neighborhood again. The parking lot in the back there is a privacy fence all the way down with a line of trees right to where that parking lot is. The opposite side there is an addition on the back that will over shadow most of that parking lot.
Mr. Hicks: Mr. Harris maybe you can tell the board how many employees actually work there.
Mr. Harris: We are roughly 25 to 30 right there. Not necessarily all at the same time.
Mr. Hicks: Are there 3 or 2 shifts?
Mr. Harris: There are 3 shifts involved we roughly employ 30 people.
Mr. Westlake: Do you have enough parking for all shifts?
Mr. Harris: There is ample parking with this variance if granted we don’t want any more parking.
Mr. Westlake: Any questions from the board?
Mr. Baroody: I live on Franklin Street I walk by there everyday and I have a 1-car driveway with 4 vehicles. We don’t have too much of a problem getting out with the exception of 8:00 am and 3:00 pm the beginning and the end of the school day. Cars still park on the street at your location.
Mr. Harris: We transport the students to school we don’t want to have to back that vehicle into the road when we do that. At times that vehicles is going to be in the front lot.
Mr. Baroody: I understand I think you may have just outgrown the facility.
Mr. Hicks: We actually suggested the rear yard parking because of the depth of the lot and the ample space and the lack of use of it right now. We just thought as far as everyone seeing parking on the street, parking on the sidewalk, moving in and out, we thought it would be easier if we got them off the street and possibly to the rear yard.
Mr. Baroody: Are you saying if this goes through no more parking all over the grass and everything that they do now?
Mr. Harris: We have not been doing that now for about 2 months when Brian sent us a notice to stop using it and we did and he came out and did an inspection.
Ms. Marteney: How many parking spaces does a 50 x 40 accommodate?
Mr. Harris: 5 parking spaces.
Ms. Marteney: Just 5 parking spaces?
Mr. Harris: 5 parking spaces we have to pull in and back out.
Ms. Marteney: If you divide 30 x 3 that would be 10 cars at any one shift or 15 during the day.
Mr. Harris: Usually don’t have any more than 10 at a time.
Mr. Westlake: That would put 5 in back and 5 in the side.
Ms. Marteney: Plus your van
Mr. Harris: That is including the van. 7 or 8 of those people are counselors that don’t work there full time the kids go to them.
Mr. Kilmer: They are not on site.
Mr. Tamburrino: How many people work on site?
Mr. Harris: On site 25.
Mr. Tamburrino: 8 per shift probably more on the day shift than the night shift.
Mr. Harris: That is correct.
Mr. Kilmer: Do you have delivery trucks people coming at all times during the day?
Mr. Harris: If there is a delivery truck it would be at night, but there are no delivery trucks there.
Mr. Westlake: Any other questions? Is there anyone here wishing to speak for or against the application? Seeing none we will close the public portion and discuss amongst ourselves and let you know shortly.
Mr. Tamburrino: The one advantage I see is you will have grass in the front yard and not have that circular drive.
Ms. Marteney: Will look more residential.
Mr. Tamburrino: It will look better because you have grass there, you have 2 driveways yes at least you will have grass in front of the house, that is one advantage.
Ms. Marteney: I think it changes the character of the residential neighborhood having that entire driveway going on.
Mr. Tamburrino: I agree with you. Residential neighborhood but you have an institutional
Mr. Darrow: The beauty of it is the parking is in the back. All you are going to see is whether it is 10 or 12 foot wide that leads to the back. The green comes back to the front, they have specific needs with their vehicles and it is not like it is an extravagant area variance that they are looking for, it is 12 foot 6 inches.
Mr. Tamburrino: They are adding another 1160 square feet.
Mr. Baroody: They are going to park in front and they are going to park in back.
Mr. Tamburrino: For safety reasons they want people parking in the back off the street and from an aesthetic standpoint my opinion it will look better once you get rid of that 40 square feet in the front and get grass in there.
Ms. Marteney: When you say it is a very deep lot, how much deeper is that lot and in back the creek right?
Mr. Hicks: We had it surveyed it is 80 feet deep from the house to the rear property line. Now with the proposed 50 x 40 that is what is required in order to get 5 cars. The length of the parking spaces is 18 ½ feet the turnaround space is 24 feet; the width of the parking space is 9 feet so there is only a few feet as a buffer.
Ms. Marteney: It still doesn’t add up right, 5 x 9 is 45 so it is not even wide enough
Mr. Hicks: Required 42.5 to back well they are squeezing it they are only going to take 40 feet.
Mr. Westlake: It is going to look better with that 840 square feet gone right now it looks like all blacktop in front.
Ms. Marteney: It is still not giving them enough parking spaces. They will still have to park on the street.
Mr. Darrow: If every single person drives a vehicle to work you are also assuming that 2 people won’t we don’t know the statistics but what we know is they are saying 5 spaces are going to be good for them so that is what we need to base it on them saying 5 spaces is going to work for them.
Mr. Westlake: How many cars can they park in front?
Mr. Hicks: Just about 5 total one of them is a van.
Mr. Darrow: I would like to make a motion that we grant Cayuga Home For Children for property at 202 Franklin Street a 12 foot 6 inch area variance for the purpose of constructing a new driveway and parking lot as submitted in plot plan.
Mr. Tamburrino: I second the motion.
VOTING IN FAVOR: Ms. Marteney, Mr. Darrow, Mr. Kilmer, Mr. Tamburrino, Mr. Westlake
VOTING AGAINST: Mr. Baroody
Mr. Westlake: Your application has been approved. Good luck with your project.
Mr. Harris: Thank you.
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222 Osborne Street. R1 zoning district. Applicant: David Schlegel. Area variance for fence.
Mr. Westlake: 222 Osborne Street please come to the podium; tell us your name and what you would like to do.
Mr. Schlegel: My name is David Schlegel and I am hoping to obtain a variance for a privacy fence that I have on the north side of my property.
Mr. Darrow: Mr. Chairman I have a question for Mr. Hicks. It is my understanding that borders commercial property 8 feet is allowable am I wrong here?
Mr. Hicks: The commercial property you are talking about is which property?
Mr. Darrow: Would be
Mr. Hicks: This property here is 216 – 218 that is next to Mr. Schlegel’s property which is a residentially zoned property.
Mr. Darrow: Ok thank you.
Mrs. Schlegel: It is a small plot in between and has been a nightmare for many years now.
Mr. Tamburrino: I walk my dog by that every day it looks like an industrial space.
Ms. Marteney: Can I clarify? Is it the red barn?
Mr. Schlegel: No it is the property that is zoned residential that borders my fence.
Ms. Marteney: You are on the right side of the barn.
Mr. Schlegel: Yes on the other side of the trees there.
Ms. Marteney: So the barn is R1.
Mr. Schlegel: It is hard to believe.
Ms. Marteney: I got confused it is like the barn got resided.
Mr. Schlegel: It did a few years ago. There are pictures there that go back in time that gives a time span of the present going back to 2006 or so.
Mr. Darrow: The bobcat on the pile of the wood is this wood on Yantch’s property?
Mr. Schlegel: Still that property it goes over pretty good.
Ms. Marteney: Where is the property line then? Not yours.
Mr. Schlegel: It is in one of the pictures you will see where Yantch’s property starts and the other property.
Mr. Westlake: This is Yantch here right?
Mr. Schlegel: Yes
Mr. Westlake: And the Red Barn
Mr. Schlegel: That is the Kwasniewski’s property and mine is on this side here (points to picture).
Ms. Marteney: There is a picture with a boat and there is a little bit of a picket fence there.
Mr. Schlegel: That is the end of the Yantch property.
Ms. Marteney: Ok; now I got it.
Mr. Schlegel: I tried to give you a lot of photos because they will give you a good idea of the situation.
Mr. Hicks: Basically what the photos are doing is showing us what he would like to have his fence the area variance for the fence granted for to create a buffer from what he has to look at. His property is nice residential home, which to the south of the property that is in most of the pictures that you have in your hands. Most of us are aware of this property and have been by it and have seen by the pictures and also our own visuals what they go through with their neighbor so this is the reason why Mr. Schlegel and his wife are here this evening to ask for the height variance for the buffering or property line fence.
Mr. Westlake: My question again this red barn right here is residential?
Mr. Hicks: That is a residentially zoned property yes.
Mr. Westlake: And all this equipment that they have in there is residential equipment?
Mr. Hicks: No.
Mr. Westlake: Nothing is being done about this?
Mr. Hicks: This is an ongoing saga chapter after chapter after chapter. Like anyone they are allowed to work on their property to make the property better but it is a long, long difficult story with legal proceedings, letters, lack of movement all sorts of things as far as issues with that property. Things I can’t discuss.
Mr. Westlake: Ok. So Mr. Darrow’s question at the very beginning he said if it is a commercial area they are allowed the 8 foot fence they don’t need a variance.
Mr. Darrow: Kwasniewski is residential.
Mr. Westlake: I know by why is it residential with all this equipment?
Ms. Marteney: That is the big question.
Mr. Hicks: This is a residential property not Hogan Dairy property.
Mr. Westlake: Let’s drop that now. I got my question answered so what you would like to do is put an 8 foot fence up is that correct?
Mr. Schlegel: There already is an 8 foot fence there my fence is there now it has been there for about 8 years.
Mr. Westlake: What would you like to do then?
Mr. Schlegel: Have a variance granted so that it can stay there and make that 8 foot height legal.
Mr. Westlake: Ok thank you very much. I appreciate that. Is there anyone here wishing to speak for or against the application? Seeing none we will close the public portion and discuss amongst ourselves and let you know shortly. I see no problem.
Mr. Kilmer: I would like to make a motion to grant David Schlegel an area variance for a fence on his property at 222 Osborne Street at 8 feet along the property line to the northwest.
Mr. Tamburrino: I second that motion.
VOTING IN FAVOR: Ms. Marteney, Mr. Baroody, Mr. Darrow, Mr. Kilmer, Mr. Tamburrino, Mr. Westlake
Mr. Westlake: Your application has been approved. Good luck with your project.
Mr. Schlegel: I really would like to that the board very much for this. I am very grateful for this. You see some of the documentation that has been submitted to the City over the years regarding this property next to me. We question ourselves as to why allow this thing to go on there and it seems to be like Mr. Hicks said an ongoing saga. If you get a chance I hope that you can review some of the documentation that I submitted to the City.
Mr. Westlake: We are the Zoning Board of Appeals we are your last recourse when something like this happens. Council sets what the zoning is going to be. It sounds to me like Mr. Hicks can’t say right now but it sounds like there is something happening but not happening fast.
Meeting adjourned at 8:15 pm.
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