20 Sep 2016
Zoning Board of Appeals Meeting
June 14, 2016
Present: Dan Welker, John Ceresoli, Gene Dayton, Paul Adams, Paul Gregory, Atty. Peter Baum, Don Clark, Rena Owens, Jill Doss
Absent: Brian O’Connor
Chairman Welker called the meeting to order at 7:00 p.m.
The Board members reviewed the minutes of May 10, 2016. Upon the motion made by John Ceresoli, seconded by Gene Dayton, minutes for May 10, 2016 approved subject to language on Page 2 under Clark Owens second to last sentence being deleted. All members present voting in favor.
Addison – 524 Tuscarora Road variance request
The Secretary advised the Board members that Mr. Addison had withdrawn his application for variance for installation of a shed on his property that exceeded the height requirement in the Code.
Clark-Owens Variance Request
Chairman Welker re-opened the public hearing from last month’s meeting for the Clark-Owens request. Mr. Clark presented to the Board a map of the property showing a plan to increase the existing parking area on the Genesee Street side of the property from a three space area to a four space area. The parking area will be close to the building and it will be close to the side yard, but it does fit. John Ceresoli stated that the parking space width (approximately 9’ each space) should be sufficient to accommodate the four vehicles. The parking, as shown, will have minimal impact on the site. The Board spoke about limiting one parking space per unit, creating language in future leases or rental agreements about the limitation of one parking space per unit, creating a restrictive covenant to be filed with the County by the property owner outlining the restrictions set forth, and limiting the number of units in the structure to a total of four. The Board talked about these items. With no further information being presented, and upon the motion made by Gene Dayton, seconded Paul Adams the Board moves to approve the request for area variance for the Owens Clark property at 317 Genesee Street with the provision that the 4th parking space is created on Genesee Street side of property, language will be added to all future leases allowing for only one vehicle per unit, a restrictive covenant will be filed against the land in the County binding the owner(s) to one parking space per unit, limiting the number of units in the structure at 317 Genesee Street to four total units, the covenant will be filed before a building permit is granted with proof of filing of the covenant being shown to the Village, the parking space (additional 4th space) will be created or indicated on the plan before any permits are issued. The Secretary called the roll call for the vote.
John Ceresoli yes
Gene Dayton yes
Paul Adams yes
Paul Gregory yes
Dan Welker yes
The vote was unanimous in approving the area variance as outlined above.
Mr. Clark commented that he didn’t realize that the Board was going to restrict the number of units in the building and inquired if he could add an additional unit in the future. Currently, no. The Board advised that if he wanted further consideration of an additional unit, which would also require review of the parking, the applicant would be required to submit a new application. The Chairman explained that with the variance granted this evening, the parking spaces required was substantially reduced from what is required in the Code. With the thought of an additional unit this Code requirement would be further challenged. Mr. Clark asked what a restrictive covenant was. Attorney Baum explained what the restrictive covenant does, it puts owners (current and future) on notice that a restriction exists on the property, he explained that once the document is filed with the County it could be amended in the future and there is a process to do that. Secretary instructed to put a note in the file about the restrictive covenant.
With no further business, meeting adjourned at 7:40 p.m.
Jill A. Doss