Town of Otsego Zoning Board of Appeals

Minutes - July 20, 2004

The monthly Town of Otsego Zoning Board of Appeals (ZBA) meeting was held on this date. Acting Chairman Greg Crowell called the public hearing to order at 7:34 PM.

PUBLIC HEARING

Application #04.05 - William & Vivian Beckmann - Area Variance; side-yard set-backs

Mr. and Mrs. Beckmann were present, as was their neighbor to the west, Pete Bussman. Mr. Bussman said he had no objections to the proposed project, but did have concerns about how it might affect future owners of the respective properties - for example, with only seven feet between the Beckmanns' garage and the property line, any trucks having to go to the back of the house might have to drive through Bussman's property. Mr. Beckmann responded that he plans to grade the east side of the property, allowing trucks access through that side, or possibly even make the garage a drive-through so that a truck could reach the back of the house without disturbing anyone else's property.

With no further speakers or correspondence on the subject, Jim Ferrari made a motion, seconded by Joe Potrikus, to close the public hearing. The motion was carried.

REGULAR MEETING

Upon the close of the public hearing, Acting Chairman Crowell called the regular meeting to order at 7:40 PM. Roll call was taken by ZBA secretary Bill Deane. Board members present were Greg Crowell (vice chairman), Jim Ferrari, Sam Hoskins, and Joe Potrikus. Absent was Anthony Scalici (chairman). Also present was Zoning Enforcement Officer Jane Berry.

The Board referred to the minutes of the June 15 meeting, recorded by Jane Berry, prepared by Bill Deane, and mailed to the members. Jim Ferrari moved to approve the minutes as written. Sam Hoskins seconded the motion, and it was carried.

Correspondence was reviewed. It consisted only of general information, including the Towns & Topics magazine, and information on zoning course offerings. The Board then proceeded to the application on the agenda.

APPLICATION

Application #04.05 - William & Vivian Beckmann - Area Variance; side-yard set-backs

Mr. and Mrs. Beckmann explained their proposal to add a bedroom and bathroom to the east side of their existing house, and an attached one-car garage to the west
side. This would necessitate a 10-foot side-yard set-back on the east, and a 7-foot side-yard set-back on the west. They submitted diagrams and photos of the property,
which were reviewed by the Board.

Mrs. Beckmann stated that they had looked into putting the garage in front of the proposed east-side addition, but learned that it would cost $17,000 just for the
foundation due to the contour of the land there. It would also necessitate a variance on the road side. Joe Potrikus asked whether it would be possible to put the garage behind the house, rather than to the side or front. Mr. Beckmann explained that, due to the contour of the property, and the location of the septic system, that might not be feasible.

Zoning Enforcement Officer Jane Berry, having visited the property and helped the Beckmanns through the application process, offered her input. She and Mr. Beckmann mentioned the concerns of Donabeth Kimmerer, the Beckmanns' neighbor to the east, that the project might reduce her property value. Ms. Kimmerer was told that the project would increase the value of the Beckmanns' property thus, if anything, increase the value of the surrounding properties as well.

Following the Board's deliberation, Jim Ferrari moved to approve the area variances, including 7 feet to the west and 10 feet to the east. Ferrari cited the facts
that the project would have no adverse impact on, nor detract from the character of the neighborhood; and that the variance was unavoidable due to the contour of the land and the extra expenses that would be incurred in attempting to conform. Ferrari also specified that the applicants were on notice to make accommodations for trucks to go behind the house without encroaching on the neighboring properties.

The motion was seconded by Sam Hoskins, and carried unanimously. The application was approved.

OTHER BUSINESS

Zoning Enforcement Officer Jane Berry introduced the issue of the Daniels Brothers copy-change sign, which is mounted atop a car, moved out into the business's parking lot each morning, and returned to the garage each evening. Steve Daniels was issued permit #S00063 for this sign by former Zoning Officer Ed Olsen on February 18, 2004. However, this permit was issued in error, and the Town Board is asking the ZBA to reverse it per Section 9.01 Board of Appeals, Town of Otsego Land Use Law.

Jane Berry explained that Mr. Daniels has acted in good faith throughout the process, but that his type of business is not permitted a copy-change sign, per Land Use Law Section 5.03-8. The sign also doesn't meet the criteria (Section 5.03-3) for a free-standing sign. The Town Board and Town Attorney, Margaret McGown, asked Berry to bring the matter before the ZBA, the only body with the power to overturn such a permit. Berry has been discussing alternatives with Mr. Daniels, and believes he will cooperate with a reversal of the permit.

Following considerable discussion, Joe Potrikus moved to reverse issuance of sign permit #S00063 because it is in violation of current regulations. Potrikus also noted that the sign is larger than specified by the permit, and that the ZBA's reversal of the permit does not necessarily constitute their agreement with the rule.

Sam Hoskins seconded the motion, and it was carried unanimously. Sign permit #S00063 was therefore reversed.

Jane Berry noted that there may not be a ZBA meeting next month, as she does not know of any applicant who will be ready in time for the August 17 meeting date. The members will be notified by Bill Deane one way or the other in the week prior to the scheduled date.

At 8:34, Acting Chairman Crowell declared the meeting adjourned.

Respectfully submitted,

Bill Deane, Secretary