Minutes of the regular meeting of
the
Johnson City Zoning Board of
Appeals held on
November 10, 2008 at 7:30pm at
Present:
Dr.
Steve Holowinski
Diane
Marusich
Charles
Snedaker
Kristen
Luce, Attorney
Beth
Westfall, Village Attorney
Absent: Edward
Mazanek, Vice Chairman
A brief work session was held at 7:00pm.
Chairman
Rowlands called the
meeting to order at 7:30pm.
Chairman
Rowlands noted the
emergency exits.
Minutes
– A motion to accept the minutes of the September 8, 2008, regular meeting was
made by Dr. Holowinski and seconded by Mrs. Marusich. The motion carried.
Privilege of the Floor – None
Communications – None
Contingencies - None
OLD BUSINESS - None
NEW BUSINESS
Public Hearing – Area Variance - Christopher
& Shannon Rosato,
The application
is for an area variance to reduce the minimum required side yard setback for
the construction of a deck. There was no one present to represent the
applicant.
Chairman
Rowlands opened the Public Hearing.
There being no one wishing to speak, Chairman
Rowlands closed the Public Hearing.
Planner Golazeski stated that she had received
approximately 6 phone calls regarding the application. None of the neighbors
had an issue with the request.
Chairman
Rowlands read the Department Head Comments.
DEPARTMENT HEAD COMMENTS
Code Enforcement: The following need to be done: 1) The
owner needs to apply for a building permit. 2) No work is to start before a
permit is obtained. 3) The structure will comply with
Fire Dept: No
compelling interest
Planning
Dept: No
objection.
Police
Dept: NCI
Public Works & Water Dept: No compelling interest on the variance.
If the variance is granted, the property owner shall contact the Sewer
Department to locate the sewer lateral. Records plans indicate that the sewer
lateral for this site is on
JC
Planning Board: Recommend approval of
the area variance for
A motion to approve the variance including the
Department Head Comments was made by Mrs. Marusich and seconded by Mr. Snedaker.
Motion Carried - Vote:
Yes – 4 (Holowinski, Marusich, Snedaker,
Rowlands) No – 0 Absent – 1 (Mazanek)
Public
Hearing - Variances for Setback & Lot Coverage -
The application
is a variance to decrease the minimum required setback from 25ft. to 0ft. and a
variance to increase the maximum allowable lot coverage from 30% to 39.32% for
the construction of a garage addition. The applicant, Richmond Farr, was
present.
Chairman Rowlands
opened the public hearing.
Julie Deemie,
Mr. Farr presented pictures of
his property and surrounding neighbors. He explained that he has owned the
property for 20 years and the issue of his fence being 8ft on the Village’s
property was brought up after the fact. He has received a letter from Bob
Bennett, Director of Public Services, stating that if he does not remove the
fence, the Village will move it and bill him for the associated expenses. He
had his property surveyed at the Village’s request and admitted that he made a
mistake and began his project without first obtaining a building permit. He has
taken care of the 8ft. of Village property for 20 years and if it is possible
he would be interested in purchasing the land from the Village if sidewalks are
never going to be put in.
Chairman Rowlands spoke about
coverage and the overhang of the addition encroaching onto Village property.
Chairman Rowlands closed the
public hearing.
Chairman
Rowlands read the Department Head Comments.
DEPARTMENT HEAD COMMENTS
Code
Enforcement: I recommend denial due to the
following:
• Fence
needs to be on the property and not in the Village right-of-way.
• The overhang of this structure
is over the property line and on the Village’s right-of-way.
•
The structure does not meet NYS Building Codes.
• No
building permit was applied for or granted.
Fire
Dept: N/A
Planning Dept: Recommend denial of variance for
setback. Approve variance for 34.6% coverage without addition.
Police Dept: No
Police Department concerns.
Public Works & Water Dept: Approval of this variance would allow a violation of §
240-41 of the Johnson City Code which
does not allow obstructions to be placed within the permit area (i.e. street
boundary). The proposed roof overhang is
shown as being within the street boundary.
JC Planning Board: 1) Recommend denial of the
setback variance based on the department head comments.
2) Recommend approval of the area
variance for
Chairman Rowlands asked if the
overhang could be adjusted. Mr. Farr stated that he could move the overhang so
that there would be no encroachment.
Chairman Rowlands
asked about the use for the addition. Mr. Farr stated that it would be for
storage and a place to sit in the summer.
Dr. Holowinski asked
about the Code Enforcement Department’s comment that the structure does not
meet NYS Building Codes. Planer Golazeski stated that the comment was referring
to the fact that no building permit has been issued for the addition.
Mr. Snedaker asked
if shortening the overhang also meant that the exterior wall would be moved in.
Mr. Farr stated that yes, the wall would be moved in one foot.
Planner Golazeski
stated that this would change the lot coverage amount to 38.93% and the size of
the addition would now be 11 x 20’5”.
Chairman Rowlands
asked about surrounding properties. Planner Golazeski stated that there are
approximately 2 properties that have coverage of 34-35% and 1 on
Planner Golazeski
asked if Mr. Farr knew how far the beyond the house would the addition be. She
stated that if it were in line with the house a setback variance would not be
needed because it would be in line with what is already there.
Mr. Farr stated that
he was willing to move the exterior wall in so that it was in line with the
house. In this case, Planner Golazeski reconfigured the lot coverage to be 38%.
Chairman Rowlands
asked Mr. Farr if he was willing to make the modifications as discussed,
bringing the wall in line with the house and withdraw his request for a setback
variance.
Mr. Farr stated that
he agreed to make the changes and withdrew his request for a setback variance.
A motion to increase the maximum allowable lot
coverage from 30% to 38% and the withdrawal of the variance
request to decrease the minimum required setback from 25ft. to 0ft. including
the Department Head Comments was made by Dr. Holowinski and seconded by Mr.
Snedaker.
Motion Carried - Vote:
Yes – 3 (Holowinski, Snedaker, Rowlands)
No – 0 Abstain
– 1 (Marusich) Absent – 1 (Mazanek)
The meeting was adjourned at 8:05pm.
Respectfully submitted,
Diane Salva
Zoning Board Clerk