Minutes of the regular meeting of
the
Johnson City Zoning Board of
Appeals held on
August 19, 2009 at 7:30pm at
Present: Edward
Mazanek, Chairman
Dr.
Steve Holowinski
Charles
Snedaker
Jeff
Jacobs, Village Attorney
Daria
Golazeski
Absent: Diane
Marusich
A brief work session was held at 7:00pm.
Chairman Mazanek
called the meeting
to order at 7:30pm.
Chairman
Mazanek noted the
emergency exits.
Minutes
– A motion to accept the minutes of the July 13, 2009 regular meeting was made
by Mr. Rowlands and seconded by Mr. Snedaker. The motion carried.
Privilege of the Floor – None
Communications – None
Contingencies - None
OLD BUSINESS - None
NEW BUSINESS
Area Variances – Gail Wadin,
The
application is for area variances to reduce the minimum required side yard
setback from 5 feet to 0 feet and to increase the maximum allowable lot
coverage from 30% to 34.5% for the construction of a garage. Mr. Tom Conlon was
present on behalf of the applicant.
Chairman Mazanek
opened the Public Hearing.
Mr. Conlon
explained that they are proposing to build an 18ft. x 22ft. attached garage.
This would enable them to get 2 cars off of the road during the winter months
and would help to protect the foundation of the house. An 18ft. concrete pad
was poured 4 years ago. Following the meeting with the Planning Board, they are
willing to change to a 16ft. garage with a 1ft. overhang.
Chairman
Mazanek asked about the distance now from the house to the property line. Mr.
Conlon stated that it is 20ft. The existing workshop is 2ft. off of the
property line.
Mr. Snedaker
asked if Mr. Conlon is amending his application for the construction of a 16
ft. x 22ft. garage. Mr. Conlon stated that yes he was.
Attorney Jacobs
reviewed the discussion and concerns of the Planning Board at their meeting
with the applicant.
Mr. Rowlands
asked about NYS Code for wood frame construction and 0 lot lines. Mr. Conlon
stated that Building Inspector, Ken Jennison, informed him that he may need to
go to
Chairman
Mazanek closed the public hearing.
Chairman Mazanek
read the Department Head Comments.
DEPARTMENT HEAD COMMENTS
Code Enforcement: The following need to be done: 1) No
impact to this department as far as the site plan review. 2) The building will
need to comply with
Fire Dept: Needs
to follow code for no setback in construction of the garage.
Planning
Dept: Existing
buildings cover 1,934.06sq.ft. or 28.6% of property. New garage will add an
additional 396sq. ft. to increase coverage to 2330.06sq. ft. or 34.5% of lot.
4.5% over allowed area coverage setback required. Wood frame construction not
permitted within zero property line setback in NYSBC. Recommend denial of side
setback variance.
Police
Dept: NCI
Public
Works & Water: NCI
at this time due to lack of time to review. If any issues arise I will review
my concerns with the Building
Inspector prior to the issuance of a building permit.
B. C. Planning: Not
applicable to this application.
JC Planning Board: Recommend
approval of the area variance to reduce the minimum required side yard setback
from 5 feet to 3 feet. Recommend approval of the area variance to increase the
maximum lot coverage from 30% to 34.5%.
Attorney Jacobs advised the applicant to contact
Village Engineer, Robert Bennett at the DPW to review run off concerns.
Mr. Rowlands asked about the
distance from the property line to the existing workshop. Mr. Conlon stated
that this building was a pre-existing, non-conforming building.
Mr. Rowlands
asked if there would be access to the garage from the inside of the house. Mr.
Conlon stated that no there would not be.
Chairman
Mazanek asked Zoning Board Clerk Diane Salva if there had been any phone calls
received regarding the public hearing. Ms. Salva stated that no calls were
received.
A motion to
approve the variance to increase the maximum lot coverage from 30% to 34% was
made by Mr. Rowlands and seconded by Chairman Mazanek.
Motion Carried - Vote:
Yes – 4 (Rowlands, Holowinski,
Snedaker, Mazanek) No – 0 Absent – 1 (Marusich)
A motion to
approve the variance to reduce the minimum required side yard setback from 5ft.
to 3 ft. including the department head comments was made by Dr. Holowinski and
seconded by Mr. Snedaker.
Motion Carried - Vote:
Yes – 3 (Holowinski, Snedaker,
Mazanek) No – 1 (Rowlands) Absent – 1 (Marusich)
The meeting was adjourned at 7:50pm.
Respectfully submitted,
Diane Salva
Zoning Board Clerk