**TOWN OF GRAND ISLAND** ZONING BOARD OF APPEALS. MINUTES November 2, 2017

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1 **TOWN OF GRAND ISLAND** ZONING BOARD OF APPEALS MINUTES November 2, 2017 MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Chairman Marion Fabiano, Betty Harris, Bob Mesmer, Tim Phillips, Alternate Dan Drexelius John Braddell William Shaw, Code Enforcement Officer Rhonda Tollner, Zoning Clerk Chairperson, Marion Fabiano opened the meeting at 7:00 p.m. and introduced the members of the Zoning Board of Appeals and explained the process. NEW BUSINESS: 1) 1636 Broadway David Rogers The property is zoned R1E. The applicant is proposing to construct a carport off the side of their house over the driveway. The resident s driveway is currently 2.59 ft. from side property line. Section schedule 1 sets the side yard setback at 8 ft. requiring a 5.41 ft. side yard setback variance for the west side of the property. Appearing before the board was Mr. David Rogers. He explained that after applying for the carport variance, he changed his mind. He said that the carport had as many disadvantages as advantages. Mr. Rogers was concerned with snow build up under the carport and the difficulties he would have removing it. Mr. decided what he really wanted was to widen the driveway by about 1 ft. all the way to the street from where the carport would have been located. The Board explained to Mr. Rogers that this would require a different variance than what was applied for. Mr. Rogers felt that widening the driveway would have been the first part of his variance because some sort of pad would have been poured to support the carport structure. He still want the pad just continues down rest of the driveway. Ms. Chairman Fabiano explained that s not how it works, he would have to reapply for the variance he was seeking. Mr. Rogers requested to withdraw his variance request for a carport requiring an 8 ft. side yard setback variance.

2 A motion was made by Mesmer /Drexelius to WITHDRAW the request for an 8 ft. side yard setback variance for a carport at 1636 Broadway. Ayes: Fabiano, Harris, Mesmer, Phillips, Drexelius 2) 3990 East River Road Jay Macrides The property is zoned R-1B. The Applicant is proposing to construct a 10 ft. x 14 ft. x 12 ft. high shed on the shoreline of the lot. Section C4 of the Town Code states: Riverside accessory uses and structures on the shoreline lots such as a pool, or other structures, less than 4 feet high and which do not obstruct the views of the Niagara River, may be placed in the rear yard of a shoreline lot in accordance with the regulations for placement of accessory structures and uses. Fences in the rear yards of shoreline lots shall not be opaque and shall not exceed four feet in height. This subsection, limiting accessory uses and structures, applies to shoreline lots and does not apply to the portion of riverside lots, if any, not adjacent to the Niagara River, making it necessary for a 8 ft. height variance. Appearing before the board was Mr. Jay Macrides. Mr. Macrides explained there once was a shed in that same location but it was torn down. He would like to replace the shed with a new one with a flat roof on one end and outside stairs up to the flat with a couple of chairs for viewing the river. The shed would be no taller than a typical size shed. A motion was made by Mesmer / Braddell to close the public hearing. A motion was made by Phillips / Harris to GRANT the request for an 8 ft. height variance for a 10 ft. x 14 ft. x 12 ft. shed on the riverfront portion of the lot at 3990 East River Road. Ayes: Fabiano, Harris, Mesmer, Phillips, Drexelius 1. This action will not create a detriment to nearby properties. 2. The shed is not affecting anyone s view. 3) 9 Greenside Drive Robert Schaab

3 The property is zoned R-2. The applicant is proposing to construct a deck 12 x 16 ft. across off the rear of the house. Section 407 Schedule 1 Sets the minimum rear yard setback at 30 ft. requiring a 12 ft. rear yard setback variance for the deck. Appearing before the Board was Mr. Robert Schaab. He explained that the original plot plans and architect never took a back porch in consideration when designing the house and back yard. The rear yard has the minimum footage required. A motion was made by Mesmer / Drexelius to close the public hearing. A motion was made by Mesmer / Phillips to GRANT the request for a 12 ft. rear yard setback for a deck on the back of the home at 9 Greenside Drive. Ayes: Fabiano, Harris, Mesmer, Drexelius, Phillips 1. This action will not create a detriment to nearby properties 2. This action has been taken before on the same street 4) 4120 East River Road Miles Bentley The property is zoned R-1B. The applicant is proposing to construct a 32 ft. x 40 ft. x 18 ft. (1280 sq. ft.) detached garage. The existing garage and shed will be removed. The Town Code section A states a private garage shall not have more than 4 vehicle spaces (1200 sq. ft.) making a 80 sq. ft. garage space variance necessary. Appearing before the Board was Ms. Ruth Ann Bentley, Miles mother. She stated that Miles has been working hard to improve the appearance of the property. The old shed has been removed and the old garage will be torn down and replaced with this new garage further back from the road. The garage will be designed to match the house and rec building across the street. A motion was made Drexelius / Mesmer to close the public hearing. A motion was made by Mesmer / Drexelius to GRANT the request for an 80 sq. ft. garage space variance for the construction of a new 32 ft. x 40 ft. detached garage at 4120 East River Road. Ayes: Harris, Fabiano, Mesmer, Phillips, Drexelius

4 1. This action was taken because the Board recognizes the need for storage 2. This action will improve the neighborhood 5) 3427 Warner Drive- Kathryn Luciano The property is zoned R1E. The applicant installed an above ground pool without the required permits. Once the building department was notified, an inspection determined the pool was located too close to the property line. Section B, and C, states all accessory uses and structures shall observe the five-foot side yard and five-foot rear yard setback in residential districts and the same requirements applicable to principal buildings in all other districts making a 3 ft. side yard setback variance necessary. Appearing before the Board was Ms. Kathryn Luciano. She stated they put the pool up not realizing they needed a permit. When they found out that a permit was required an inspector told them it was too close to the property line. With the electric already run, but not connected. Ms. Luciano said it would be a financial hardship to relocate the pool. Ms. Luciano presented the Board with letters for the record from her neighbors with no objections. A motion was made by Mesmer / Harris to close the public hearing. A motion was made by Mesmer / Phillips to GRANT the request for a 3 ft. side yard setback variance for the location of a pool at 3427 Warner Drive. Ayes: Fabiano, Harris, Mesmer, Drexelius, Phillips 1. This action was taken because the smaller size of the lots in that area 2. This action is taken because the requested area variance will not change the character of the neighborhood OLD BUSINESS: 1) 2881 Fix Road John and Kim O Connell This property is zoned R-1A. The applicant is proposing a 2 year continuance of a non-conforming tourist home as per Section D2a of the Town Zoning Code. The applicant was granted a one year variance to continue as a tourist home which expires in October 2017, making it necessary for a 2 year

5 extension to the use variance. The applicant will submit new information for this request before a determination is made. The applicants were not in attendance. Ms. Chairman Fabiano read the decision regarding the request for an extension of the amortization period for a nonconforming Tourist Home as follows: The Applicant has submitted a request for reconsideration of the ZBA s determination to grant an extension of the amortization period for one (1) year. Specifically, the Applicant has requested an additional two (2) year extension of the amortization period, pursuant to Town Code (D)(2). The Applicant has taken issue with the ZBA s calculation of the return. As noted in the ZBA s prior decision, the ZBA rejected the Applicant s approach to divide the profits into two, effectively placing all of the expenses to be recouped into one partner s basket. The Applicant had submitted a letter (Exhibit B to the request for reconsideration) requesting a re-hearing regarding the length of time approved. The letter explains that the Applicant financed the project and the Manager rehabilitated the property and currently maintains the property. Their arrangement is a 50/50 split of the income. Decision Despite how the partners of the property have chosen to allocate their profits, the property must be evaluated as a whole in the analysis, as the ZBA previously determined. Essentially, the Applicant is requesting that the ZBA assign Mr. O Connell all the expenses, but only apply 50% of the profit to those expenses in order to demonstrate there is no reasonable rate of return. The ZBA declines to reconsider its decision on this basis. The entire profit from the property must be applied to the total expenses to evaluate the reasonable rate of return. The Applicant s request for reconsideration is hereby DENIED. A motion was made by Mesmer / Harris to DENY the request for an extension of the amortization period for a nonconforming tourist home at 2881 Fix Road for the reasons set forth in the decision and just read. Ayes: Harris, Phillips, Mesmer, Fabiano, Drexelius 2) 3651 East River Road Mark Diletti This property is zoned R-1B. The applicant is proposing to construct a new single family dwelling 9 ft. from the south side property line and 26 ft. from the average distance of the two adjoining principal structures to the river

6 shoreline. Schedule 1 of the Zoning Code sets the side yard setback at 12 ft. making it necessary for a 3 ft. side yard setback variance. Section C1 of the Zoning Code states: Where there are already two principle structures on adjoining lots, no closer than the average distance of the two adjoining principle structures to the river shoreline but no less than the rear yard for the district, making it necessary for a 26 ft. from the average distance of the two adjoining principle structures. This request was TABLED last month to investigate other alternatives for the house location. Appearing before the Board was Mr. and Mrs. Diletti. They have staked out the outline of the house on the property. The Board confirms they have all been to the property for viewing. Board member, Bob Mesmer, asks Mr. Diletti if the house it all the way to the setback on the non- variance side, and Mr. Diletti replied that it was at the 12 ft. minimum setback on the North side. Ms. Chairman Fabiano questioned the hardship or lack there of, involving the closer to the river variance. Mrs. Diletti, stated she spoke to the Erie County Health department and downloaded the required setbacks needed for a 3 bedroom house septic system which would be located on the street side of the house (front yard).where they have staked the house is at the minimum required front yard so the closer to the river variance was needed for that septic in the front yard. Chairman Fabiano asked if anyone wished to speak for or against the variances requested. Speaker, Ron Resetarits and his son, residing next door at 3643 East River Road, would like to oppose the 3 ft. side yard setback variance. They would like to know why this is necessary or why they could not split the variance with the house on the other side of the property, the Gallaghers. He stated he thought the house should be made smaller to fit lot. Ms. Chairman Fabiano, stated that the house would still be 9 ft. from the property line and asked the Dilettis why they chose the variance for that particular side of the property seeing that the other side ( The Gallaghers) had no objections with the 3 ft. variance. Mrs. Diletti responded to Mr. Resetarits saying; 1. That they did give the Resetarits full disclosure of both the variances requested and he had an opportunity to speak many times and did not and they were also given notification from the town 2. The engineer designed the house with consideration to what was the minimum amount of space required for the driveway, garage, utilities and septic for a 3 bedroom house. The house was put more to one side to allow straight access to the small dock and storage building. Mr. Diletti said he was not opposed to centering more, 2 ft. on Resetarits, and 1 ft. on Gallaghers side. The Board looked at the design plan again and asks if there is anyone else to speak for or against the requests. Speaker, Mike Gallagher step forward and said he had no issues either way. A motion was made by Mesmer / Phillips to close the public hearing.

7 A motion was made by Drexelius / Phillip to GRANT the variance request as submitted for a 3 ft. side yard setback variance from the south property line for the location of a new single family dwelling at 3651 East River Road. Ayes: Harris, Drexelius, Phillips Noes: Mesmer, Fabiano A motion was made by Drexelius / Mesmer to GRANT a 24 ft. closer to the average distance between adjacent properties variance for an open covered patio on a new single family dwelling at 3651 East River Road. Ayes: Mesmer, Phillips, Drexelius, Harris, Fabiano 1. This action was taken because the smaller size of the lot 2. This action was taken because it conforms with what has been done in the past with similar requests CORRESPONDANCE: None Approve the 2018 ZBA Deadline and Meeting Calendar for (attached) A motion was made by Harris / Drexelius to Approve the ZBA Calendar for Ayes: Mesmer, Harris, Drexelius, Phillips, Fabiano APPROVE MINUTES: A motion was made by Harris / Fabiano to Approve the September 7, 2017, ZBA Minutes as written. Ayes: Harris, Fabiano, Phillips, Mesmer, Braddell OTHER MINUTES RECEIVED AND FILED:

8 Board of Architectural Review Minutes September 19, 2017 Planning Board Agenda October 10, 2017 Planning Board Minutes-July 10, 2017 Town Board Agenda Regular Meeting #18, Oct. 2, 2017, Regular Meeting #19, Oct. 16, 2017 Town Board Minutes Regular Meeting #18, Oct 2, 2017 Long Range Planning Committee - Safety Committee Meeting A motion was made by Harris / Mesmer to adjourn the meeting at 8:35 p.m. Minutes prepared by Rhonda Tollner, Zoning Clerk.

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