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HomeMy WebLinkAboutZBA-03/03/1998 SPECAPPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEA!,S TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 MINUTES SPECIAL MEETING TUESDAY, MARCH 3, 1998 A Special Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, westerly conference-meeting room, 53095 Main Road, Southold, New York 1197I, on TUESDAY, MARCH 3, 1998 commencing at 7:00 p.m. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Lora S. Collins, Member Linda Kowalski, Secretary to ZBA Absent were: Lydia A. Tortora, Member George Homing, Member 7:00 - 7:30 p.m. EXECUTIVE SESSION: Attorney-client privilege rules. The Board met with the Town Attorney, as requested for consultations. 7:30 p.m. order. SPECIAL MEETING: Chairman Goehringer called the meeting to DELIBERATIONS/RESOLUTIONS/DECISiONS: The board deliberated and adopted the findings and determinations as shown on the attached decisions. The attached are copies made from the originals which were filed with the Tow~ Clerk's Office. Herbert Scannell and Sarah Reetz. Alice Kontokosra. Interpretation request from Building Department. Independent Group Home Living Program, Inc. Page 2 , Minutes ~; Special Meeting of MJ~reh 3, 1998 Southold Town Board of Appeals RESOLUTION: AGE1VDA ITEM II. A. MARCH 23, 1998 HEARINGS. On motion by Chai~nnan Goehringer, seconded by Member Dinizio, it was RESOLVED, to authorize advertisement of the following ten (10) applications for public hearings to be held March 23, 1998: Appl. No. 4550.1t - RUTH MILLER. Thi.~ is a request :for a Vaxqmnce based upon the Building Inspector's Notice of Disapproval to locate a p~oposed dwelling addition with reduction in sideyavds. LoCation of Propex~ty: 6400 Indian Neck Road, Peconic; County Pareel 1000- Appl. No. 4549 CAROL and ANTHONY LOSQUADRO, JR. nn~ DONALD TUTI~LL. Variance based upon two Notices of Disapproval for housing and cereal location for up to two horse~. Location of Pr~peffty owned by Losquadro and Tuthil], 3125 Bohsseau Avenue, Southold; 1000-55-5-12,2. Appl. No. 4547,1t - RIVERHEAD BUILDING SUPPLy. width of new building]warehouse areas and fence height. Greenport. Variances for F~ont Street, Appl. No. 4551.1c KAYLA B. STOTSKY. Variance regarding proposed six ft. fence height. Osprey Neck Road, Greenport. Appl. No. 4548.1e - JEFFREY WORTHINGTON. Variance for garage location. 1025 Long Creek Drive, Southold. Appl, No. 4553.1t - CHET ORLOWSKI. Variance for replacement of two windows with garage door regarding nonconforming use based upon Building Inspector's 2/20/98 Notice of Disapproval 100-241-A. N/s Main Road, Cutehogue. Appl. No. 4552.jd G. and MADELINE LIVANOS. Variance for proposed setback/portion of ga_~ge area at 555 Sound Beach Drive, Mattituek. Appl. No. 4068.jd ELEANOR SIEVERNICH. Carryover for final hearing. Variance regarding proposed division at 3200 Cox Neck Road, Mattituck. 1000-113-8-5. Appl. No. 4562.1t and 4525-SE.id - THEODORE PETIKAS. Variance under Article III-A, Section 100-30A.3 (bulk schedule) as to lot area of 21,483 sq.ft, in this R-40 Zone for a two-family occupancy, variance under Article XXIII, Section 100-231 based on February 10, 1998 Notice of Disapproval by the building inspector regarding proposed fence height, and Special Exception for a preposed two-family dwelling. Location of Property: Corner of 69435 C.R. 48 and W/s Sound Road, Greenport. 1000-35-1-8. Page 3 - Minutes ~L~ Special Meeting of March 3, 1998 Southold Town Board of Appeals VOTE OF THE BOARD: AYES: GOEHRINGER, DINIZIO, and COLLINS. (ABSENT WERE: MEMBERS TORTORA AND HORNING.) This RESOLUTION was duiy ADOPTED (3-0). AGENDA ITEM II, Continued: B. Other ZBA New Applications Confirmed (Pending Inspection.% reviews, etc.) and tentatively calendared for April 16, 1998 public hearings subject to receiving the information on or about 3/20: *Appl. No. 4544.1t - H. ROSEN (site owner: Booker). The Chsirman indicated he recently visited the site. He was told by Mr. Rosen recently that he has a business in or near Oceanside and will be sending a copy of his FCC license and other requested information through his attorney. It was noted that a part of the principal building is to be removed, and the principal building would be used as a office area in relation to the tower project. *Appl. of Beli-Atlantic/NYNEX (site owner: Rehm). It was reported that Howard Pachman, Esq. contacted the ZBA office and indicated he would submit his memorandum by 3/20. Mr. Pachman is requesting an April 16, 1998 public hearing date. It was the consensus of the Board to wait until it received Mr. Pachman's memorandum by 3/20, and then discuss Mr. Pachman's request at the foilowing meeting of March 23 1998 (for a possible resolution). ' AGENDA ITEM II/. OTHER UPDATES]COMMUNICATIONS: Committee Sessions: Planning, Zoning, other. The last Code Committee Session, chaired by Councilwoman Hussie, was attended by Member Collins on 2/25/98 regarding business uses and discussions about convenience stores, gasoline stations, etc. The next Code Committee session is scheduled for March 5, 1998 at 4:30 p.m. regarding greenhouses. AGENDA ITEM IV. DISCUSSION ITEMS: New procedures confirmed with board members by Buildlng Department which now requires al! agency approvais at first step of building permit process (before issuance of any building inspector Notices of Disapprovais or other written actions). Exceptions to the new procedure was noted for proposed lot line changes or new subdivision projects for nonconforming lots because there presently is no procedure in the code and hasn't been for many years; the Town Attorney indicated earlier that her office would review possible procedures for nonconforming lots in these situations for the town departments. Page 4 - Minutes Special Meeting of March 3, 1998 Southold Town Board of Appeals AGENDA ITEM V. NEW ZBA FILING PROCEDURES EFFECTIVE 2/26/98: The Chairman read and confirmed the following new ZBA filing procedures: a) Submissions by applicants must include current written Notice of Disapproval (before assigning board member or file number). Incomplete ZBA applications in future will also be returned to applicant; b) After assignment of Special Exceptions to Assigned Members, projects will now involve preliminary review by Assigned Member and RESOLUTION confirming Sections of Code and type of area variance(s) to be included which may be necessary, before authorizing advertisement. AGENDA ITEM VI. 1. Assigned File #4542.1c (Walter Fink/Ken Swanson by Suffolk Environmental Consulting) has been incomplete since January 28, 1998, due to lack of a written Notice of Disapproval by the Building Inspector. However, based on the new policy of the Building Department, the application has been incomplete with their office; therefore, a Notice of Disapproval will not be issued tultil all other agency approvals are submitted for the proposed dwelling to the building department. The Board Secretary said Mr. Anderson called the ZBA office on Friday, February 27, 1998 and advised that he lost the project (the buyer was not interested in going through the extra expenses involved to obtain a notice of disapproval). A letter was drafted for return of the variance papers to Mr. Anderson. There was no objection or further discussion. 2. Assigned File #4526.1t - T. PETIKAS. The Board confirmed that the variances authorized for advertising were for the lot area and the fence height. The attorney for the applicant confirmed through the ZBA office that the setbacks would conform to the appropriate bulk schedule for a two-family use, if the special exception were to be granted. There was no objection to the wording as noted in the agenda, and adopted in the Resolution above at Agenda Item II-A. DELIBERATIONS: Re: Appl. No. 4538 - MICHAEL RAND. The Board decided to hold further deliberations and decision until a full Board was present (3/23). Agreement was not reached at this time. There were discussions about a possible denial, and then about possible conditions if Page 5 - Minutes Special Meeting of March 3, 1998 Southold Town Board of APpeals the location'of the garage and height were approved. Discussions will continue at the March 23, 1998 meeting with the entire Board. There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting was adjourned at 9: 20 p.m. Respectfully submitted, -Lfnda Kowalski 3/5/98 ' / /~LA ~' / /~-~/~ /~ Gerard P. Goehringer, ChairmanS~/J~/98 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jn Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF MARCH 3, 1998 Appl. No. 4546 - W. Herbert Scannell III and Sarah Reetz PARCEL 1000-49-1-16 AND 17 (merged as a single lot and lot area) STREET & LOCALITY: 955 Cove Circle, Greenport, NY DATE OF PUBLIC HEARING: February 26, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The above-identified property is located on the easterly side of a private north-south right-of-way, which extends off an east-west right-of-way referred to as "Clark Street" from SLoth Avenue, Greenport. This property contalna a total area of combined lots 18 and 17 for a total of 39,579+- sq. ft. and is loCated in the R-40 Low-Denaity Residential Zone District. The survey map updated Febrtmey 5, 1998 submitted under lhl.n appliCation shows the new concrete foundation location, right-of-way lines, and applicant's property lines. The March 1, 1997 survey prepared by Peconie Surveyors, P.C. conf'~vma the prior dwelling location at 14.2 feet at its closest point to the westerly front property line ~nd an accessory frame shed. BASIS OF APPEAL: February 2, 1998 Building Inspector Notice of Disapproval and Stop Work Order rogalntlng pending BUilding Pelnnlt No. 24471Z, issued with regard to the reconattnietion and roplaeement of single-family dwelling with nonconforming setbacks, Article XXIV, Section 100-242 (ref. setbacks under Section 100-244B) of the Zoning Code. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The request made by applicant is for approval of the "as built" location of a concrete foundation, for a new one-family dwelling, all as shown on the February 5, 1998 survey prepared by Peconic Surveyors, P.C. with setbacks at: a) 12 feet from the front 2.6 ft. by 9 ft. front step area to the westerly front property line; b) a minimum of 14 feet between the most northwest corner of the foundation and the front property line; c) a minimum of 48.4 ft. between the foundation and the rear property line; Page 2 - March 3, 19~ Appl. #4546 (Scannell) 1000-49-1-16 & 17 Southold Town Board of Appeals CODE PROVISION: follows: Article XXII, Sections 100-242A and B read as 100-242. Nonconforming building(e) with conforminq uses. A. Nothing in this Article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or' increase the degree of nonconformance with regard to the regulations pertaining to such buildings. B. Reconstruction of a damaged building. (1) A nonconforming building containing a conforming use which has been damaged by fire or other causes to the extent of more than fifty percent (50%) of its fair value shall not be repaired or rebuilt unless such building is made substantially.to conform to the height and yard requirements of the Bulk Schedule. (2) Application for a permit to build or restore the damaged .portion of any building damaged or destroyed as set forth in Subsection B(1) above shall be filed within one (1) year of the date of such damage and shall be accompanied by plans for recon- struction which, as to such portion, shall comply with the requirements set forth above. ~f such permit is issued, it shall lapse one (1) year thereafter unless reconstruction in accordance with the approved plans has been initiated. REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The grantl-g of the area variance will not produce an undesirable ehanoo~ in character of neighborhood or a detr4_ment to nee~by proper-ties because a nonconforming dwelling had existed .nd thi.~ is recon.~truction. (2) The benefit sought by the applicant c~nnot be achieved by some method, feam'ble for applicant to pursue, other th-n an area variance because of the shape and narrowness of the lot. (3) The requested area varl-uce is not substan~]-l. (4) The propos~, variance will not have -- adverse effect or impact on the physical or ~vironmental cenditions in the neighborhood or di.~trict because the building was existing for moro than 50 years and this is rocenstxmction of same. In conside/q_ng thlg application, the Board deem.~ th;~ action to be the mlnlm~]m ne~essal*y and adequate, and at the s~me time preserves and protects the character of the neighborhood, and the health, safety, welfare of the oommttnity. Page 3 - March 3, Appl. #4546 (Scannell) 1000-49-1-16 & 17 Southold Town Board of Appeals RESOLUTION/ACTION: On motion by Chairman Goehrin~er, seconded by Member Collln.~, it was RESOLVED, to GRANT the va~nee, SUBJECT TO THE FOLr~)WING: 1. Before issu-nce 'of any future building permit(s) ~nd before issuance of any Certificates of Occupancy for parcels, including the applicant's parcel, having access along thlg right-of-way must cemply with the requirements of New York Town Law, Section 280a for appropriate fire aeeess as further req-i~d below. 2. The specifieationn for improvement along thi.~ right-of-way shall be improved as follows as a minimum for appropriate fire access at this time: a) the fidl length of the right-of-way extendlnE f~om Sixth Street shall be graded and cleared to a fidl width; b) the f, dl length of th~ right-of-way extending from Sixth Strcc~t shall be improved with 2" stone blend to a w:bdth of 10 ft. to 12 ft. c) the right-of-way shall be m~int~ined in good condition at times for emergency and fire vehicles. 3. Before issuance of any Certificate of Occupancy for parcels, written acceptance must be received by the ZBA Chalmnau after an inspection by the Chairman with the Building Inspector or another ZBA member. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER~ DINIZIO Rnd COLLINS.. Thi~ resolution was .duly a_dopted -~3[rll)~ Absent/were: ~. GERARD P. GOEH~ING4~R, C~IRMAN / Approved for Filin~ AS400/ACTIONS.ALI./49-1-16 APPEALS BO.MR_D MEMBERS Gerard E Goehtinger, Chairman lames Dinizio, Jr. Lydia A, Tortora Lora S, Collins George Homing BOARn 0F.XVV S TOWtq som on Southotd Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 T¢Iephone (516) 765-1809 FINDINGS-, DELIBERATIONS AND DETERMINATION 8PE.CIA~ .MEETII~G: O.F MAltCtt 3, "1998 Appl. No. 4543- KONToKosTA P~C~ 1000-52-1V2 S'TR~T ~ ~ (a/~/a ~d~ ~d), G~po~ DATE OF PUBLIC H~ING: Feb~ 26, 1998 FINDINGS 'OF FACT The .above.identical p~perty is 48~ SoulhOld.. T~S p~pe~ contains a lo~ a~ of app~m~y 18,200 ~- ~. ~d ~ lO.ted ~ ~ R-40 Zone ~tdet. A s~vey ~ Sub~R~ by a~p~nt shows ~e e~g ~e lo~on of ~e e~ 1-1/2 sto~ house at 85 f~t from the front .p~rty ~e ~o~ C.R. 48, 14+- f~t f~m ~e westerly side prope~y l~ne. 5:75 feet, ~m the ~sierly si~ property ~e (excl~ive ,of ~ st~s), at l'6~ f~m e~s~ BASIS OF APPEAL: B~g InsPector's At. on ~ Di~pp~v~ dat~ DeCember 24, i997 w~ch r~ds ~ follows: "...appH~on dated November ~7, 1997 for a petit to ~p~ce ~ e~sIing d~llin~ ~ ~pp~ed on ~e foHo~ng 1) the e~s~g non~orm~g b~din~ con~lnlng a ~e ff dma~d by f~ or other muses to the e~eni of mo~ t~n fifty perOent (5~) of ira f~ ~ue'.s~.not b~ m~d o~ ~b~t u~ess su~ bffil~g is mdc subs~fi~y ~ ~orm to the height ~d'ya~ ~q~ments of the bnlk sched~e, Ar~e ~IV, ~c~on 100-~2Bwl..- 2) ~1 b~din~ lo.ted on lets adja~nt to Sounds ~d upon w~' ~e~ e~sts a bl~f or bank ~dward of the shore or ~ch sh~ be setback not fewe~ th~ 100' from. the top of such bl~f or bank, Ar~cle 100-239-4A(1),---" AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To mb~d ~d' ~o~ e~ pr~ bOd~g (d~e~) ~ the ~me ~.~_ 5 ..~.~ ~n~mln~ setbac~ in ~e side yards ~d set.ok f~m bl~ ~ong L;.L Sound. The,~e~bac~ for the round, on of the p~p~ b~d~ng ~e ~irmed by app~t's en~ee~ to be: ~nim~ of 17 feet fro~ the top of the bl~f or b~ 14 f~t f~m tho westerly side. ~ 5'9" from tho ~sterly side or 1'6~ f~ the s~, ~d 85+& ~eet, f~m the f~nt ~U~erly p~per~ ~o. The b~d~g~.oVerh~g is, not p~posed to ex~d the ~de liml~ons. (Also note, ~e Zo~ng Code ~fers to setbae~ for a budding on ~s lot at Sec~o~ 100-~4 ~d 100-239.4A). Page 2 - March 3, ~8 ZBA Meeting Appeal No. 4543 - Alice Kontokosta ZBA Decision Re: 1000-51-1-2 REASONS FOR BOARD ACTION~ DESCRIBED BELOW: (1) The granting of the area . Variance will not p~oduce an undesirable 'cbfnge in character of neighborhood or a detriment to nearby properties because reconstruction of existing dwelling in a more equally balanced footprint. There will be no change in the "bulk area~ of the house. (2) The benefit sought by the applicant e~nnot be ~achieved by some method, feasible for applicant to pursue, other than an area because the existing building has a certificate of occupancy find is functionally obsolete. (3) The requested area variance is not substantial. (4) The proposed variance will not hive an adverse effect or impact on the physical or environmental conditions in the_ neighborhood or district-because it has existed for 40+ years. 'Upon observation the bluff is Stable. (5) The situation is not self-created.~ In considering this ~application~ the Board deem.~ this action to be the minimum necessary and adequate, and at the s~me time preserves And protects the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Member Coillns~ it was RESOLVED, to: GRANT the varifnce requested~ SUBJECT TO the following CONDITIONS: 1. Reconstruction shall be not closer than 10 feet from the westerly property line; 2. Reconstruction shall be not closer than 17 feet to the top of the bluff; 3. Ree°nstruction sbfl] be . approximately ~ 8!3~ (rem~inlng dlfferenee) to the easterly property~ line. 4. The livable floor area of the dwelling not exceed 1800 squ-~ feet. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO and. COLLINS. :(Absent 'were: Members Tortora and This Resolution was duIY: ADOPTED ) AS400/Actions.all/51-1-2 Filing APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 BOARD OF APPEALS DETERMINATION MEETING OF MARCH 3, 1998 Appl. No. 4537 - BUILDING DEPARTMl~IT by Edward Forrester, Direetor of Code Enforcement, Town of Southold Location of Property: Town-Wide, Town of Southold Date of Public Heax~_n~: February 26, 1998 Section of Code Interpreted: Section 100-13 (Definitions). WHEREAS, Application No. 4537 is a request for an Interl~retation of the ~onlng Code, Article I, Section 100-13 (Definitions) of a "bui]dlnE," to determine whether or not a 40-ft. high s .c~l.p.ture is a building within the. language of said provision; and ff it isa buildlng,' whether or not it is subjeet to the height Hmltations of Section I~0-33 of the ZonlnE Code; and WItEREAS, after due notice a public hearing was held'by the Board of A~Peals on Februar~r 26, 1998 in the Assembly Room, Town Hs]l, 53095 Msln Road~ Southold, New York to consider thlg application; and WHEREAS, at said hearin~ all those who desired to be heard were heard and their testimony re~orded; snd WHEREAS, nil testimony has been carefully censidered nnd the following pertinent facts noted: 1. The :definltiOn of'a "building" in SeCtion, 100,13 of the ~.Onin~ Code reads as follows: ,BUII3DING ~ Any strueture'-having a roof .supporied by. such thin~o~· as colUmlls~ posts~ piers~ wnHg or mr intendL~d.for the shelter, business, housing or enclosing of persons, 8nlml~ p .~perty or other nmterlnl.~; al.~o any combination of materials forming any ~onstruetion, except where entirely undergro, md so as to pemn't the USe of the grOund above the same as if no buildlno- was present. The 'ter~u "buildln~" shaH include the term "s°trueture" as well as the foHowlng: (1) signs (2) fences (3) wnllK (4) radio, tolevisisn, ~.~c~.ive-onl¥ satelHts dish antennas, snmteur radio nntennas and wireless eomm,mlcation facility re~ei~ ~nd tl~n~mlt~l~ a]~tenns~, except for radio, television, receive-only satellite dish sntennss, amateur radio Page 2 - March 3,t Re:_ ZBA App!. 4537 Request for Interpretation ~ntennas i~t~llecl on the roof of a 'building and extending not more th~n 20 feet above the highest level of the ~oof of sueh bujlding~ (5) porches, outdoor bins and other glmilRr structures .... 2. Section 100-33 of the Zoning Code limits the height of accessory buildings and structures at a mean height of 18 feet, and which section specifically reads as follows: Article III, Section 100-33 at pages 10052-10053 reads: 100-33. ~. accessory bui]dln~o~ ~nd structures or other accessory uses shall be located in the req, li~ed rear yard~ subject to the following reqni~ements: A. Such bl,ildin~o'8 sbnll not' exceed eighteen {18) feet in height .... 3., Also, Section 100-230 of the Zoning 'Code provides ceftin exemptiOlm from the height limitations. 4. The Board of Appe~lg is 'not in a is ,mable) to respond to the to whether or not such as building, is :limitations because sUch a determination must be made o.n the b.a~ fac pe .... . . . . . . submltted to the Board m thug interpretive preceding. On motion offered by Cb~i~n~n Goehringer, seconded' r by Member Dintzio, IT IS RESOLVED by the Board 'of ApPe~lg that the application of SoUthold Town Builrlln~ Department, requestln~ .an interpretation, is hereby ANSWERED as follows: A 40 ft~ hiEh S..e.ulpture is a building as deFmed .in .the Z0nlnE Code under Section 100-13. VOTE OF :THE BOARD: and COLLINS, (Absent_ ~vere: resolution was .duly ADOPTED (3-0) Approved for .Fillng / APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION SPECIAL MEETING OF MARCH 3, 1998 Appl. No. 4536 - IGHLP, INC. Parcel 1000-61-3-1 STREET & LOCALITY: 62550 Main Street, Southold. DATE OF PUBLIC HEARING: January 22, 1998 (verbatim concluded); and February 26, 1998 (written portion concluded). portion FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The above-identified property is located on the southerly side of Main Road (a[k/a 'State Route 25), and the easterly side of Oaklawn Avenue, Southold. This property contnlns a total area of 15,920 sq. ft. and is located in the Residential-Office Zone District. The survey map submitted under lhl.q application shows that the subject premiges is improved w/th a two-story dwelling and detached, accessory two-car garage which is located approximately 3.5 feet from the easterly (side) property line and 75+- feet from the southerly (roar) property line. As a corner lot, the rear yard has been established pursuant to the provisions of Section 100-232 with the existing location of the accessory garage into the southerly rear yard. BASIS OF APPEAL: Building Inspector,s Action of Disapproval dated November 10, 1997, which reads as follows: "...the proposed inground peel will exceed the allowable lot coverage by approximately 273 feet. the proposed is located in an R-O District and has an allowable lot coverage of 3184 sq. ft. Based on a calculation of 15,920 sq. ft. divided by .20 = 3184 sq. ft. With the pool included the lot coverage of all structure is approx. 3457 sq. ft. Article VII, Section 100-72 .... AREA VARIANCE RELIEF REQUESTED BY APPLICANT: A lot coverage variance of 273 feet for a proposed 16 x 32 ft. swimmlng'pool. The original application at the time of filing included a location of a swimmlngpoo! 18 feet from the front property line along Oaklawn Avenue and 25 feet from the southerly property llne. At the January 22, 1998 hearing, applicant's attorney submitted an alternative plan increasing the setback from Oaklawn Avenue, at a minimum of 42 feet (instead of 18 feet), and at 15 feet from the easterly property llne and 22.5+- feet from the southerly property line. The pool will be surrounded by a full fence enclosure to meet the code requirements, and the area between the fence and the pool is proposed at grade to meet code. Page 2 - March 3, 199~Meeting Appl. #4536 - IGHLP (Lot Coverage) ZBA Decision Re: 1000-61-3-1 REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the location of the swimmingpool is in the rear yard area. Lot coverage exceeds allowable limit of 20% by approximately 273 sq. ft. The construction of this pool with appropriate landscape buffering on both Oaklawn Avenue side and the south]east side will not disrupt the surrounding properties that are contiguous or adjacent to this parcel. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because thi.~ parcel consists of 15,920 sq. ft. which s nonconforming as to size and consists of a large dwelling that has been in existence since prior to zoning, 50+ years. The granting of this variance is the only way the owner can achieve this relief. (3) The requested area variance is not substantial at approximately 2% of a variance. (4) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because this parcel is substandard in size and the proposed construction will not disrupt the orderly function of the neighborhood. (5) The variance is not self-created. In considering thlg application, the Board deems this action to be the minimum necessary and adequate, and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT the variance requested, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Appropriate buffering around the swimmingpool on all sides shall be be placed; buffering shah be either a six-ft, high stockade fence, or four-ft, high stockade fence with 3-4 ft. high Hve plantings maintained at aH times. 2. Stockade fence shah be placed with the good side facing towards adjoining properties and Oaklawn Avenue. 3. Cars on site (employees' cars included) must be made available Page 3 - March 3, 19~i~Meeting Appl. #4536 - IGHLP (Lot Coverage) ZBA Decision Re: 1000-61-3-] and utilized as much as possible to prevent hazardous conditions. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, and COLLINS. (Absent were: Members Tortora and Homing). This resolution was duly ADOPTED 3-0).:/~ /~--~.//~ / ~GERARD P. GOEHRINGER,~HAIRMAN ************************************** for Filing y~ as400/actions.all]61-3-1