Zoning Board of Appeals
Town of Varick New York
Minutes for June 26, 2018
The Varick ZBA held a public meeting at the Varick Town Hall gathered round the kitchen table due to Primary Elections in main room on June 26, 2018 at 7pm.
Present: Annie Bachman – Chair, John Keel, Fred Beary, Susan Ottenweller, Tim Dorn – Code Enforcement Officer
Absent: Andrew Herkovic
Meeting called to order at 7:00 pm with introductions of the ZBA members and an explanation of the Appeal process. Also, a request to not discuss politics or let the volume of conversation become too loud, due to the Primary Elections in the next room. The hearing on the agenda is an area variance request from Karen Miller under Section 309.1 seeking relief from the 10' setback for an addition to an existing residential building at 5160 East Lake Road, Romulus in the Town of Varick, parcel 6-3-6. The Public Hearing notice was published in the newspaper, on the website, and notices mailed and e-mailed to property owners and neighbors. Property owner, Karen Miller, was unable to be present but authorized Kevin Barbay, who resides at the address, to represent her at the hearing.
Public Hearing opened at 7:05 pm.
The existing structure is not set square to the property lines and already does not meet the setback requirements, which creates the need for the variance. The proposal is to remove the porch from the back (western) side of the building and build an 18' x 16' addition, staying plumb with the existing south wall of the building. The south western corner of the house currently is approx. 6' (measured at 7 1⁄2' without the overhang) from the property line. The south western corner of the proposed addition would measure at approx. 5' to 5 1⁄2' (4' to 4 1⁄2' with overhang) from the property line. The building is required to be 10' above the high water mark and the proposed addition would be approx. 15' above the high water mark. They are willing to move an existing air conditioning compressor unit to eliminate that setback compliance issue.
Alternatives for the addition would be costly. Changes to the roof line would be needed to move the addition further north on the back wall of the existing structure as well as creating an undesireable floor plan on the inside. This is the most cost effective option. Estimated cost to build - $25,000.
Public Hearing closed at 7:21 pm with a motion from S. Ottenweller, 2nd J. Keel. Accepted unanimously.
Board discusion points:
1. The nearest neighboring house is fairly new (built on 2 lots not yet listed as joined on the county
website) and is set much closer to the road. Lot can not be divided due to 100 ft. Lakefront rule.
2. Both neighbors are supportive of the proposed project as stated by K. Barbay, though there is no direct communication from the neighbors to the ZBA.
Factors:
1. Is there an Undesireable change to the neighborhood? No, the view for the neighbors is not affected due to the angle of the shoreline. The addition would also esthetically improve the building.
2. Is there a feasible alternative? Yes, but all alternatives would be more costly and create an undesirable floorplan.
3. Is it a substantial variance? Yes, but exact numbers are unknown at the time of the meeting.
4. Will the variance have an adverse impact on the physical/ environmental condition? No.
5. Is this self created? Yes, they do not have to build an addition.
Motion: To approve K. Miller’s application for the requested variance to the south setback, only on the 16' addition section, continuing west in a straight line from the current main structure, with the stipulation that the exact measurements be supplied to the Code Enforcement Officer for the record by the ZBA. 1st S. Ottenweller 2nd J. Keel Accepted unanimously.
May Minutes: Motion to accept the minutes with corrections.
1st J. Keel 2nd S. Ottenweller Accepted unanimously
S. Ottenweller will double check the publishing time restrictions for notices of public hearings in the newspaper. (No more than 14 days, not less than 5 days prior to the meeting being published was the information supplied to Carol when she started as VZBA secretary.)
Motion to change the area variance application description asking applicant to provide the names/addresses of neighbors of the property in question to correct the distance requirements as stated in the Zoning Code (pg 62?) and clarify that neighbors across the road should be included (properties meet in center of road). Draft to be done by A. Bachman for the next meeting.
1st S. Ottenweller 2nd F. Beary Accepted
Minutes of Special Site Meeting June 24, 2018 submitted by A. Bachman
1st S. Ottenweller 2nd J. Keel Accepted unanimously
Clarification needed about special meetings/ property inspections – What can be discussed, is public notice required, is a quorum needed, are minutes required? S. Ottenweller will check this.
Code Enforcement Officer Report
2 permits issued: 1. for a 3 car garage, and 2. J. Lippert has submitted new plans and will meet with Tim to discuss. There needs to be real numbers of the lot size and building to be in compliance with setbacks and lot coverage percentage. Also, double check the mean high water mark of property.
Farm stand on North Townline Rd. near 414- property owner has been spoken with to explain the permit requirements. It is in the Ag/Rural Residential area and everything is OK as is at this time.
Clarification of farm stand/ green house/ garden shop/ nursery shop will be added to the list for the Planning Board.
Old Business:
Docks and Moorings – The Legislation has passed both the State House and Senate and is waiting for the Govenor's signature. S. Ottenweller will ask the Town Attorney to notify the ZBA when he recieves the notice.
Tolemeo/ Little complaint has been withdrawn via e-mail message from Becky Little to A. Bachman.
Next Scheduled Meeting: July 24, 2018 at 7:00 pm., but C. Millis, secretary, cannot attend. The July meeting is canceled as there is no known business at this time. A note will be posted on the door. A different meeting date will be discussed if any business makes it necessary.
Next Meeting will be August 28, 2018 at 7:00pm.
Motion to adjourn the meeting at 9:02 pm by F. Beary 2nd J. Keel Accepted unanimously.
Respectfully submitted August 15, 2018.
Carol J. Mill-is
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