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Page 1 of 4 Village of Fair Haven Zoning Board of Appeals Hearing March 8, 2017 The hearing began at 7:00 p.m. Zoning Board of Appeals (ZBA) members present: Chairman Christopher Drogi, Susan Stanistreet, Dave Guynn, Jimmy Kawar and Paul Fallon. Also present Clerk-Treasurer Terri DiGregorio, Village Attorney Christopher Palermo, Attorney Giancarlo Facciponte, Darrell Uetz, Larry Cosser, Heidi Smalling, Tanner Brandt, Debra Rose, John Pupparo, Jim Basile, Steve Bolton, Carrie Bolton, Larry Hadcock, Amy Hadcock, Suzanne Fralick, Karen Haas, Dan Larson, Joan Zerbe-Brandt, David Brandt, Walter Krehling, Joan Kelley, Gale Bouldin, Vicki Bouldin, Bill McVea, Judy Dunaway, Brandon Furber, Jana House and Susan Gateley After introductions, Chairman Chris Drogi explained hearing procedures. Clerk-Treasurer DiGregorio acknowledged the hearing was properly advertised and posted. Brandon Furber is requesting a land use variance for relief from provisions of Zoning §150-8 to place a second residence “Tiny Home” on his property located at 14504 Fancher Ave. tax map #8.20-2-19. Chairman Chris Drogi explained Mr. Furber is requesting a use for his property in a manner not allowed under current zoning. He explained in detail why the applicant must prove all of the following 4 factors: 1. Cannot receive a reasonable return on their property, either being in use or resale 2. Unique circumstances 3. Not self-created 4. Will not alter the essential character of the neighborhood Brandon Furber explained his request for a use variance to place a second residence on his Fancher Ave. property because he would rather not split his property into two parcels. Chairman Chris Drogi clarified the process in which a building permit application and zoning permit application are submitted to the Zoning Officer and are either denied or approved according to zoning. Chairman Drogi then asked Mr. Furber if he thought he could meet the above mentioned four factors. Mr. Furber then decided to withdraw his request for a use variance because he did not feel he met the criteria. The ZBA then moved on to hear Brandon Furber’s request for an area variance. Chairman Drogi then reviewed the five criteria which is a balancing test to be met in order for the ZBA to approve an area variance. However it was recently brought to attention by Cayuga County Planning that the Village of Fair Haven Zoning was not current with New York State Code regarding area variances. Village zoning was last updated in 1987 and not current with the State code which was updated in 1991. ZBA members have taken training over the years according to State code which teaches the 5 criteria balancing test to hear requests for area variances. Currently the Village code, which is stricter, states to hear area variance and use variances in the same manner using the 4 criteria that must be met to approve either request. With this recent knowledge the ZBA is now obligated to follow the Village of Fair Haven zoning as it states in the current zoning according to Village Attorney Chris Palermo. ---PAGE BREAK--- Page 2 of 4 Brandon Furber stated he had not applied for a new water service through the Village of Fair Haven nor had he applied for a connection to the public sewer through the Cayuga County Water & Sewer Authority. He explained he would like to subdivide his 100’ wide by 132’ deep lot into two 50’ wide lots and mentioned his parcel at one time consisted of two 50’ wide lots as reflected on the survey. Many parcels in his area are 50’ wide lots. He proposes to build a small house for his aging parents to live in. His intention is to later use the house for friends, family and guests with no intention of selling. The front, rear and side setbacks would not be in violation of zoning. He is requesting an area variance to build on a lot less than the allowed 1200 square feet. Brandon clarified building on to his existing home is not preferred as a proposed addition would have to be built on the rear of his existing home which would extend into the hillside. He also stated they were not locked into the particular model shown in the proposal noting the stairs and landings may be deleted from the floor plan. He also stated his elderly father would only be utilizing the first floor noting his mother was currently in an assisted living center. Mr. Furber addressed the drainage regarding previous washouts to his driveway. He stated this is no longer an issue. When the public sewers were built a catch basin was installed on Richmond Ave. He stated parking is not an issue either due to the fact he can fit 3 cars side by side in his driveway. Chairman Drogi read the 5 criteria that must be met by the appellant according to the Village of Fair Haven Code not a “Balance Test” 1. Whether an undesirable change will be produced in the character of the neighborhood, or a detriment to nearby properties will be created by the granting of the area variance; 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance; 3. Whether the requested variance is substantial; 4. Whether the requested variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and 5. Whether the alleged difficulty was self-created; which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the area variance. There being no further comment from the Board or public, Chairman Drogi requested a motion to approve the SEQR. On a motion by Susan Stanistreet and seconded by Paul Fallon a negative impact was determined. All aye, motion carried. The application was previously submitted to Cayuga County Planning for referral under GML §239-I and §239-m. County Planning determined that the action appears to have no intermunicipal impacts and to be of local concern only. A letter was received from Scott Gibbens in favor of Brandon Furber’s request for a variance and is attached to these minutes. The hearing was adjourned to April 4th at 7:00 p.m. At that time Mr. Furber must produce proof of application to the Village of Fair Haven for a new water service and proof of application to the Cayuga County Water & Sewer Authority for connection to the public sewer. ---PAGE BREAK--- Page 3 of 4 Tanner Brandt is requesting a use variance for relief from provisions of Zoning §150-8 B. to operate an automotive repair business in an existing structure at 527 Wilcox St. tax map #11.08-2-39. Chairman Drogi explained to Mr. Brandt’s Attorney, Giancarlo Facciponte, that the request is to use the land for a purpose that is not allowable in its current zoning which is agricultural/residential. He explained in detail why the applicant must prove all of the following 4 factors: 1. Cannot receive a reasonable return on their property, either being in use or resale 2. Unique circumstances 3. Not self-created 4. Will not alter the essential character of the neighborhood Attorney Giancarlo Facciponte addressed the four criteria. He stated Mr. Brandt would not be able to yield a reasonable return on his investment including the $50,000.00 in upgrades since purchasing the property. Mr. Brandt has a unique circumstance and explained; in the fall of 2016 Mr. Brandt stated he was informed by Code Enforcement and members of the Village Planning Board, if he followed all of the steps to apply for a Special Permit, the Special Permit would be granted. Attorney Giancarlo Facciponte stated, he understood up until about three or four years ago an auto repair shop was in existence a few streets down from 527 Wilcox. He also understood a lawn mower repair recently existed in the area. Attorney Facciponte pointed out that the garage on Tanner’s property was once used to repair vehicles by a previous owner. The use proposed by Mr. Brandt appears to be no different from the manner in which it was used a few years ago by that previous owner. The Attorney attempted to address #3 “Not self created” by explaining the circumstances in which he believed Mr. Brandt was mislead by others. Chairman Drogi reminded him that hearsay was not acceptable and the Zoning Board of Appeals only addresses the actual facts. In closing Attorney Giancarlo Facciponte stated his client Tanner Brandt’s did not knowingly create a hardship. The hardship runs with the land. Chairman Drogi explained the garage on the property is 21 years old and has had 3 previous owners. He noted there is an extensive file on this property with no mention of the garage ever being used for auto repair. The file does reflect a previous owner trying to live in the building without public water or septic, which generated Code Enforcement to send multiple violation letters to that owner. All of these previous owners seem to have been able to recoup their financial investment. Regarding hardship, an excerpt from “The Short Course” hand book issued by the New York Planning Federation was read: It should be mentioned that the hardship we are talking about relates to the land, not the owner’s personal financial circumstances. The hardship must be one that would be experienced by any owner of the property. The fact that the applicant himself has made some bad business decisions, and has suffered personal financial setbacks as a result, has absolutely no bearing on the qualifications of the parcel of property for a use variance. ---PAGE BREAK--- Page 4 of 4 There being no public comment, the hearing was closed. On a motion by Paul Fallon and a second by Jimmy Kawar the area variance was denied due to the four criteria was not achieved. All aye, motion carried. Chris informed the appellant and his Attorney of the option to appeal via Article 78. MINUTES: The November 1, 2016 minutes were approved on a motion by Paul Fallon and seconded by Jimmy Kawar. All aye, motion carried. NEW BUSINESS: Paul Fallon suggested a minimum square footage for a home be added to the zoning. The ZBA requests for future hearings, site plans be submitted and drawn to scale. Lawn signs should be purchased to identify properties requesting variances. Chairman Drogi will ask the Board of Trustees to amend the zoning to match New York State Zoning. ADJOURNMENT: The meeting was adjourned at 9:08pm on a motion by Chairman Drogi and seconded by Paul Fallon. All aye, motion carried. Unapproved minutes respectfully submitted. Terri M. DiGregorio Clerk-Treasurer