Zoning Board of Appeals
Regular Meeting and Public
Hearing
Chairman Ellen Tuohey called the Regular Meeting to order
at
Those
Present: Ellen Tuohey, ZBA
Chairman
Steve
Freeman, ZBA Member
Sue Forder,
ZBA Member
Scott Goetze, ZBA Member
John Belson,
Councilman
Janice
Korff, Deputy Clerk
Jennifer
Draper Deputy Clerk
Dan Wolfe
Code Enforcement Officer
Patrick
Holland, Contracter
Mr and Mrs. Weichec, Applicants
Donna Bane,
ZBA Member
Jamie Cook, Applicant
MINUTES:
RESOLUTION
NO.5-06/08
RESOLUTION
TO ACCEPT MINUTES OF THE MARCH 20th MEETING
RESOLVED,
to accept the minutes of the
Motion
by Sue Forder
Seconded
by Scott Goetze
Carried
5 ayes; 0 nays
Chairman
Ellen Tuohey opened the meeting with review of Area Variance Application #
02-08, submitted by David Weichec.
Question
1: Whether undesirable change would be produced
in character of neighborhood or detriment to nearby properties.
Answer: No
Question
2: Whether benefit sought by applicant can be
achieved by a feasible alternative to the variance:
Answer: Yes
Question
3: Whether the requested variance is
substantial:
Answer: NO
Question
4: Would
the variance have an adverse impact on the physical or environmental conditions
in the neighborhood:
Answer: No.
Questions
5: Whether the alleged difficulty was
self-created.
Answer: Yes
Review
of Applicant # 03-08 submitted by Jamie Cook, 6372 W. Quaker,
Sue
and Donna had measured the lot approximately 30’ feet to the driveway. Members
reviewed the findings and decision form.
Scott
had some photos for the members to review.
The members were discussing whether size was shed or barn. There was no building permit issued prior to
shed being placed on the property.
Sue
and Donna talked to the neighbor about the shed’s location and the neighbor
said “It was already there”.
Question
1: Whether undesirable change would be produced
in character of neighborhood or detriment to nearby properties.
Answer: No
Question
2: Whether benefit sought by applicant can be
achieved by a feasible alternative to the variance:
Answer: Yes
Question
3: Whether the requested variance is
substantial:
Answer: NO
Question
4: Would
the variance have an adverse impact on the physical or environmental conditions
in the neighborhood:
Answer: No.
Questions
5: Whether the alleged difficulty was
self-created.
Answer: Yes
At this time, the meeting was adjourned to the
public hearing.
Chairman Ellen Tuohey called the Public Hearing to order
at
Those
Present: Ellen Tuohey, ZBA
Chairman
Steve
Freeman, ZBA Member
Scott
Goetze, ZBA Member
Sue Forder, ZBA
Member
John Belson,
Councilman
Janice
Korff, Deputy Clerk
Jennifer
Draper, Deputy Clerk
Donna Bane,
ZBA Member
Jamie
cook, applicant
Dan Wolfe,Code Enforcement Officer
David Weichec
Patrick
Holland
Chairman
Ellen Tuohey opened the meeting with the pledge of allegiance.
The
following legal notice was placed in the Medina Journal Register on
PLEASE
TAKE NOTICE; there will be 2 Public Hearings held on
All
persons wishing to be heard shall be heard at this time. Correspondence may be made in person at the
Public Hearing or by letter to the Town of Yates Zoning Board of Appeals.
First
Public Hearing David Wiechec-10609 Lakeshore Road asking for an Area Variance.
Discussion:
Ellen-
Is there any way you can move the garage 10ft in? Why do you need 15ft.?
Patrick
Holland Contractor- it will be closer to 7 or 8 feet .
The Wiechec’s have spoken to Jean Whipple and she would
like five foot but can live with 7 or 8 feet. When I applied for the variance I
listed 15feet.
Steve-
we can grant the variance to what you need.
Patrick
Holland- Would like to use existing driveway and have room in order to back a
boat trailer in and around . If we have to have 15
feet it will be tight. We also think it
would look better .
I
do have a comment on someone saying it was 60 feet from the shoreline. It is
quite a bit more
Scott-the
house is 60 foot from lakeshore
Patrick-the
garage is 400 feet from water and we do not feel there would be any obstruction
issue.
We
felt it would look better and I don’t want to speak for Jean Whipple but Mrs Wiechec spoke with her and Mrs Whipple seemed to think 5 foot might be to tight but she could live with 7 or 8.
Steve-
I am a little reluctant when looking at prime lots. These are the most
expensive lots in the Town and we don’t
want owners encroaching on a neighbors who is
going to build there. There has to be a real need for a variance.
Dave
Wiechec- My lot is 99 ft if I give 2 feet to the Town
then I could build 5 feet from the line.
Again we
feel it would be more attractive from the road people will see a house instead
of a garage. Looking out the front door
with the old setbacks we would be looking and could only see the garage.
Steve-
they are pretty pricey lots and we do not want to detour from that.
Consider
if you put it there will it cause the Whipple’s to change what they want to
build on their lot?
If
she has to move a garage or building because now your are
to close to the line for what she wanted to do that is a problem.
Jean
Whipple- I don’t think we would build anything in that area. 5 feet is a little
to close to the line, I told the Wiechec’s I could
live with 10 feet..
It would look better from the road. If its
closer to our line I agree with that. I
might be able to live with 8 feet but would rather see 10 feet.
Steve-Are the stakes the property lines?
Patrick
Holland-Yes they surveyed today.
Steve-
I stopped tonite .the last time I stopped I could not
tell where the line was.
Sue-
How close to the line are the row of trees?
Mrs.
Wiechec- the trees are a couple feet in our yard.
Patrick
Holland-5 feet is hard for us to accept-Building Department will assure that it
will be placed where this board allows.
Steve-
quite a few lots are not surveyed, I built mine without surveying.
Mr.
Wiechec- we want to do this the right way that is why
we talked with Jean before.
Steve- Jean can you live with 8 feet from the line.
Jean-
Yes I can live with 8 feet from the line.
Patrick
Holland- I assure Jean it it will be no more than 8
feet.
Steve-
If it is not interfering with the Whipples it is ok
with me. With lots that big we have a lot of problems with building closer . I do not
think with a lot the size of Whipple’s there will be a
any encroachments and it won’t be a fire problem.
The
reason for set-back is for Fire Protection if your garage burns it won’t burn
out you neighbor.
And Scott Goetze Excused himself from voting
due to relative neighbor. He’s not concerned with Obstructing view with new
garage.
Ellen- If Jean is acceptable to 8 feet, that is a good compromise.
RESOLUTION
NO.6-06/08
RESOLUTION
TO ALLOW WIECHEC TO BUILD 8 FEET FROM PROPERTY LINE
WHEREAS , everyone that requested to
be heard was allowed to speak and the Zoning Board reiewed
the application and
WHEREAS,
the neighbor Jean Whipple was comfortable with an 8 foot set back, be it
RESOLVED, that Mr. Wiechec be allowed to place garage 8 feet from side property line
Motion by Donna Bane, to allow Wiechec
to build 8 feet from property line.
Seconded
by Steve Freeman
Vote-3
ayes(Touhey,Freeman,Bane) 1
nay(Forder) 1 abstain (Goetze)
Jamie
Cook-property owner of
Discussion:
Jamie
Cook- I built a barn shed on property I bought on
I
hired the Amish (Heritage Structures to build the barn. I asked if I needed a building permit and he
basically told me because it wouldn’t be attached I didn’t need a Building
Permit.
I
checked with Jim Bacon and other neighbors their concern was that it would turn
into a trailer park.
Ellen-Are
you going to use it as a camp site?
Jamie-
No me and my son just come out on day trips with the dog and shoot shot
guns. A friend hunts turkey and I would
like to learn the sport. I am clearing the property and if I had put the Barn
out further it would have been damages by fallen trees. What you see is the
only cleared spot.
Ellen-
On your application it stated shed was put in wrong place by Amish.
Jamie-
They told me it would be the perfect spot,he
said something about 5 foot from property line . I had talked with Jim and he
said he didn’t care what I did. I tried to get Jim to come tonight to the
meeting or write a letter but I got no response.
Ellen-You
said you spoke to Mrs. Bacon and she said its already
there what can I do.
Jamie-
I tried to be in compliance and build something nice.
Sue-Does
your property go at an angle? NW to SE
Jamie-Yes
it goes at an angle.
Sue-
isn’t part of your driveway on their lot?
Jamie-there
is a drain tube and my driveway is just over the tube. The tree line is where
it is staked off I measured 15 ft from the tree line.
Scott-
I measured that to
Jamie-
the builder said 5 feet I said 15 feet from tree line so I would not encroach
on go-cart track. I found out I need 30 feet and that would put me in the
middle of my property.
Sue-
30 feet would put you right against the pine tree.
Steve-
seeing that the land is not a building lot I look at 15,30,45,10 has no affect
on the neighbors property. 15feet is not bad, when we drew up the regulations , the intent was that if a lot is big enough in
the country it was to keep neighbors spread out. It was not a magic number it
was to keep people off the property line.
Sue-
What would it cost to move?
Jamie
I really don’t know probably $1000.00 to $1500.00
Steve-
does it have a floor?
Jamie-
it has 4inches of stone and 6x6 and pressure treated lumber around the outside.
I feel your intentions were good.
Ellen-
Is this the only area where there isn’t water ?
Jamie-
Yes I didn’t want to face it toward Bacon’s I’d be looking right into their
backyard
Scott-
You are on the high spot
Steve
I am not nearly concerned about the setback in the country.
RESOLUTION
NO.7-6/08
RESOLUTION
TO ALLOW JAMIE COOK TO LEAVE BARN SHED WHEREIT IS AT 15 FEET FROM THE LINE
WHEREAS,
the shed barn is already in place, and it is in the best location as far as
preventing water damage, be it
RESOLVED, Jamie Cook be allowed to leave the shed barn where it is and be it further
RESOLVED,
that Jamie Cook will
get a Building Permit
.
Motion
by Steve to allow the building to stay where it is allowing a 15 foot area
variance and a Building Permit must be obtained.
Seconded
by Scott
Carried-
5 ayes,0 nays
Moved
by Donna
Bane to adjourn the meeting at
Seconded
by Scott Goetze
Carried:
5 ayes;0 nays