ZONING BOARD OF APPEALS
AUGUST 28, 2008
PUBLIC HEARINGS:
At 7:10 pm Chairman Robert Goetsch opened the public hearings at 7:10 pm. The hearing for Kossbiel had been held over from the 7-24-08 ZBA meeting.
Chairman Goetsch read the following:
1. KOSSBIEL (12.14.-1-21) 9651 Lakeshore Drive (OC I)
The applicant is requesting a Variance for sideline setback and percentage of coverage so he may install a 14' x 22' open deck to the front of a house and a 54 sq. ft. walkway with stairs, mostly over an existing cement staircase, to provide two means of egress from the current structure.
Chairman Goetsch stated that they went back and did another site view but the plans that were submitted were not from a surveyor. He recommended that the public hearing be held over again until there was a proper survey of the applicants property. Surveys from neighboring properties were submitted but he said they need accurate measurements.
Hearing remains open for additional information.
Hearing open 7:12 pm
Chairman Goetsch opened the other public hearings and read the following:
2. BENEDUCE (93.19-1-8) 7776 Lakeshore Drive RC
The applicant is proposing to construct a 1026 sq. ft. two story addition to a nonconforming house. If approved a portion of the existing structure will be removed. The proposed addition will be 54 feet from the lake and be located on the west side of the current structure.
Mr. Beneduce appeared before the Board and presented information based on the hardship and the conformity to the neighborhood. His engineer, Scott Miller, also spoke with regard to the septic system.
Hearing Closed at 7:23 pm
Hearing open at 7:23 pm
Chairman Goetsch then read the following:
3. MILLER (43.17-1-7) 27 Springdale Manor Dr. (TR-1)
The applicant would like to build a 392 sq. ft. addition to an existing nonconforming house. The addition would be an increase of 50% to a nonconforming structure.
ZEO Cathy Clark then read letters (attached) in support of the application from Strycker, Whelan, T. Marschner and V. Marschner and emails (copies attached) from Ackerman and Sills.
She also read a letter (attached) opposed from Harrison and an email (copy attached) against the project from Kuenzel.
Martin Fitzgerald made, and Lindsay Mydlarz seconded, a motion to close the public hearings except for Kossbiel which will be held over again. Motion approved 5-0.
Hearing closed at 7:33 pm.
REGULAR MEETING: Open at 7:33 pm
The regular meeting was then called to order with Chairman Goetsch and members Bill Pittman, George Ianson, Lindsay Mydlarz and Martin Fitzgerald, II were present. Glenn McKee was absent and there is one vacancy on the Board.
The minutes of the meeting of July 24, 2008 were approved on a motion by Lindsay Mydlarz and a second by Bill Pittman. Motion approved 5-0.
OLD BUSINESS:
From the agenda:
1. KOSSBIEL (12.14.-1-21) 9651 Lakeshore Drive (OC I)
The applicant is requesting a Variance for sideline setback and percentage of coverage so he may install a 14' x 22' open deck to the front of a house and a 54 sq. ft. walkway with stairs, mostly over an existing cement staircase, to provide two means of egress from the current structure. Zoning issues: 160-27 A. percentage of coverage and sideline setback
Warren County: No County Impact
Planning Board recommendation:
The Planning Board recommends that the ZBA approve the application with the facts that it is a reasonable application, has the concurrence of the neighbor, and no great impact on the zoning codes. The motion passed 6-0.
Robert Goetsch moved that the applicant must submit a survey of his property so the property lines are clear. ZEO Clark noted that the neighboring surveys match up to show the property lines. Lindsay Mydlarz seconded the motion and it was approved 5-0. Any decision will be held over until the next meeting.
Chairman Goetsch read the following:
2. BENEDUCE (93.19-1-8) 7776 Lakeshore Drive RC
The applicant is proposing to construct a 1026 sq. ft. two story addition to a nonconforming house. If approved a portion of existing structure will be removed. The proposed addition will be 54 feet from the lake and be located on the west side of the current structure.
Information also listed in the agenda:
No County impact with stipulation: that the septic can accommodate new construction and plans include stormwater and erosion control.
Zoning issues: 160-31 A. Maximum Lot Coverage & 160-62 A. Nonconforming structures
Warren County: No County impact with the stipulation that site septic can accommodate the new construction and plans indicate stormwater and erosion controls measures.
Planning Board recommendation:
The Planning Board recommends that the ZBA consider the following facts:
1) There is a potential 4th bedroom under the new plans.
2) The septic tank is too close to the house now and will be even closer under plans.
3) The septic may not have sufficient capacity.
4) The septic is too close to the Lake.
and in light of those facts that there should be a professional review of the septic system.
The motion passed 6-0.
ZEO Clark reported that the septic is not in conformance. A holding tank could be used since it is not new construction and a seasonal residence. The house would be considered still having 3 bedrooms if the privacy door to the office was removed.
George Ianson moved to approve the application with conditions proposed by Martin Fitzgerald that a holding tank be used so there is no issue with the office being a possible additional bedroom and a stormwater plan must be approved by the ZEO. Seconded by Lindsay Mydlarz.
Mr. Ianson then stated the following findings of fact. For an area variance the benefit to the applicant must be weighed against the detriment to the health, safety and welfare of the neighborhood or community.
a. Will an undesirable change be produced in the character of the neighborhood or to the detriment of nearby properties? No.
b. Can the benefit sought by the applicant be achieved by some method feasible to the applicant other than an area variance? No, they are looking for an expansion.
c. Is the requested variance substantial? Yes, by nature of its size.
d. Will the proposed variance have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.? No.
e. Is the alleged difficulty self-created? Yes, but he lives in RC in an unusual circumstance.
Roll Call Vote:
YES: Martin Fitzgerald, George Ianson, Lindsay Mydlarz, Bill Pittman and Robert Goetsch.
NO: none
Motion approved 5-0.
Chairman Goetsch then read:
3. MILLER (43.17-1-7) 27 Springdale Manor Dr. (TR-1)
The applicant would like to build a 392 sq. ft. addition to an existing nonconforming house. The addition would be an increase of 50% to a nonconforming structure.
Information also listed in the agenda:
Zoning issue: 160-62 A Nonconforming structures 160-23 Rear line setback
Planning Board recommendation:
The Planning Board would like to report to the ZBA that they have reviewed the application, see no major obstacles and have no comments or recommendations.
The motion passed 6-0.
ZEO Clark reported that there are no signs of septic failure. The number of bedrooms will remain the same. A similar application had been approved in 2001.
Martin Fitzgerald moved, and Bill Pittman seconded, a motion to approve the application with the condition that the rear line setback be kept at 4 feet which can be achieved by cutting off some of the utility room or moving the whole addition forward.
Mr. Fitzgerald then stated the following findings of fact.
a. Will an undesirable change be produced in the character of the neighborhood or to the detriment of nearby properties? No.
b. Can the benefit sought by the applicant be achieved by some method feasible to the applicant other than an area variance? No.
c. Is the requested variance substantial? Yes, but it is staying within what has been allowed other people in the development to do.
d. Will the proposed variance have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.? No.
e. Is the alleged difficulty self-created? Yes, they are asking for additional space but it has already been approved for other applicants in that area.
Roll Call Vote:
YES: Martin Fitzgerald, George Ianson, Lindsay Mydlarz, Bill Pittman and Robert Goetsch.
NO: none
Motion approved 5-0.
NEW BUSINESS:
Chairman Goetsch read the following:
1. GUERRIER-HINTZE (25.2-1-28) 157 West Hague Road (OC-1)
The applicants would like to build an addition to an existing house that sits 54 feet from a brook. If approved the addition would sit 44' from the brook. Due to a medical condition the applicants need a bedroom and bath on the first floor.
Zoning issue: 160-50 shoreline setback.
Bill Pittman moved, and Lindsay Mydlarz seconded, a motion to deem the application complete and put it on the agenda for next month. Motion approved 5-0.
A site visit was set for Thursday, September 4, 2008 at 6 pm.
ADJOURNMENT:
George moved, and Robert Goetsch seconded, a motion to adjourn. Motion approved 5-0.
Meeting was adjourned at 8:05 pm.
Respectfully submitted,
Judy Stock
Acting Recording Secretary