|
Village of Liverpool Zoning Board of Appeals November 26, 2007
Call to Order Chairman Ward called the meeting to order at 6:00pm and led all present in the Pledge of Allegiance. Adoption of Minutes Ms Carey moved and Mr Herrgesell seconded the motion to adopt the minutes of the meeting held Monday, Monday, October 22, 2007 as submitted. All ayes, motion carries.
Continued Public Hearing – 704 Fourth Street The public hearing on the application of Peter Osborne to permit the construction of a garage structure located at 704 Fourth Street is still open, awaiting revised plans from the applicant. Chairman Ward will send a letter to Mr Osborne informing him that if revised plans are not submitted by the January meeting, his public hearing will be closed without resolution, requiring him to reapply at a later date. Continued Public Hearing – 318 Oswego Street Chairman Ward informed the Board that because neither Mr Stott nor his attorney [Steven Primo] was in attendance, a letter will be sent to the applicant requesting information on his plans for use of the property. Code Enforcement Officer Bill Reagan informed the board that converting the property to office space is a “change of use” and an application to the Planning Board is mandatory. Meeting Schedule Change Mr Romano moved and Ms Carey seconded the motion to cancel the next regular meeting. The fourth Monday in December falls on the 24th [Christmas Eve]. All ayes, motion carries. Continued Public Hearing – 105 Brow Street Chairman Ward addressed the open public hearing on the application of Clifford and Sue Wagner for a variance to §136-18 B of the code of the Village of Liverpool, allowing a 2-family home to be converted to a 3-family at a property located at 105 Brow Street, designated as Tax Map # 004.-04-06.0. Chairman Ward presented acknowledgement of the County’s determination that the application is “disapproved” due to the lack of a site plan that provides information regarding the parking and drainage issues that will result from the impact of the project. Following the applicant’s feeble verbal presentation of financial hardship that reflected the inexperience of the elderly applicant to prepare a significant appeal, Chairman Ward suggested that the applicant seek legal counsel to put together their case, and return at the next meeting. Mr Romano moved and Mr Herrgesell seconded the motion to adjourn the case until the next meeting on January 28, 2008. All ayes, motion carries. The public hearing remains open. Continued Public Hearing – 204 Brow Street Chairman Ward addressed the open public hearing on the application of Clifford Ivers, as contractual buyer of a property located at 204 Brow Street, for a variance to §136-56A (1) that would allow them to operate an in-home occupation without being required to reside at the property. Chairman Ward presented acknowledgement of the County’s determination that the application is “disapproved” due to the applicant’s vague description of the home-occupation, rendering them unable to determine its impact on Onondaga Lake Park.
IN THE MATTER OF APPLICATION FOR APPLICANT:
The Zoning Board of Appeals of the Village of Liverpool met in Regular Session at the Village of Liverpool Village Hall, located at 310 Sycamore Street, Liverpool, New York, on November 26, 2007, commencing at 6:00 PM., local time at which time and place the following members were:
PRESENT ABSENT RICHARD WARD Chairman x PAMELA CAREY Member x BENJAMIN LEES Member _x MICHAEL ROMANO Member x RON HERRGESELL Member x MARGARET CASALE Secretary x
The following Resolution was moved, seconded and passed;
WHEREAS, A Public Hearing on the above captioned application, was opened and held at the Village of Liverpool Village Hall, 310 Sycamore Street, Liverpool, New York, on the 22nd day of October, 2007; and continued until the 26th day of November, 2007; and WHEREAS, notice of said public hearing was duly published in the official newspaper of the Village of Liverpool at least five (5) days prior to the date of such public hearing, and an affidavit of such publication was produced at the beginning of said public hearing and was ordered to be filed; and WHEREAS, all additional notice thereof was given as required by Section 7-712-a of the Village Law; and WHEREAS, the ZBA duly held the public hearing thereon at the time and place aforesaid and then continued until the next regularly scheduled meeting of the Village of Liverpool Zoning Board of Appeals; and WHEREAS, all persons desiring to be heard having been heard both in support and in opposition to the application; and WHEREAS, all Zoning Board of Appeals members had due notice of said public hearing and meeting, and, that pursuant to Section 103 of the Public Officers Law (Open Meetings Law), said meeting was open to the general public and due and proper notice of the time and place thereof was duly given as required by law. NOW THEREFORE BE IT RESOLVED that upon the application and upon the proofs and proceedings offered at the public hearing which was or is hereby closed, the ZBA hereby makes the following:
FINDINGS OF FACT
1. The subject property is located in a residential area and is commonly known as 204 Brow Street, Liverpool, New York; Tax Nos. 005.-10-07.0, (hereinafter referred to as the “Property”). 2. The Property is located in an R-2 (Two-Family Residential) Zoning District, pursuant to the zoning map which is part of the Zoning Ordinance of the Village of Liverpool. 3. Professional offices of owners, not residentially occupying the property, is not an allowed use in an R-2 Zoning District. 4. The relief sought is a Use Variance varying Village Code Section 136-56 A(1) to allow a healthcare practitioner to operate a professional office in the Property without the owner/healthcare practitioner residing in the Property. 5. The following persons appeared in support of the application: Clifford Ivers, Applicant/Contract Vendee of the Property. 6. Anthony LaValle appeared in opposition to the project. 7. The Onondaga County Planning Board recommended that the application be disapproved. 8. NYS Village Law Section 7-712-b(2)(b) provides: A Zoning Board of Appeals shall not grant a Use Variance unless the Applicant proves that the applicable zoning regulations and restrictions have caused them an Unnecessary Hardship. In order to prove an Unnecessary Hardship the applicant must prove: a) The applicant cannot realize a reasonable return as proven by competent financial evidence; b) The alleged hardship is unique; c) The requested variance will not alter the essential character of the neighborhood; d) The alleged hardship has not been self created.
CONCLUSIONS OF LAW:
The applicant has failed to meet their burden of proof as required by NYS Village Law Section 7-712-b(2)(b) as follows: a) The Applicant offered no proof that the owner could not realize a reasonable return unless the Use Variance applied for was granted; b) The Applicant offered no proof that the alleged hardship was unique; c) The Applicant offered no proof that the requested variance would not alter the character of the neighborhood and in fact, the Zoning Board of Appeals believes, based upon their own knowledge, that if the variance was granted it would change the character of the neighborhood; d) The Zoning Board of Appeals finds that the alleged hardship is self created.
NOW THEREFORE in consideration of the above, the Applicant’s request for the Use Variance set forth above in paragraph 4 of the Findings of Fact is DENIED.
RICHARD WARD voting YES PAMELA CAREY voting YES BENJAMIN LEES voting YES MICHAEL ROMANO voting YES RON HERRGESELL voting YES
The resolution was thereupon declared to be duly adopted.
**************************
I, the undersigned, Secretary of the Zoning Board of Appeals of the Village of Liverpool, DO HEREBY CERTIFY that the preceding resolution was duly adopted by the Zoning Board of Appeals of the Village of Liverpool at a regular meeting of the said Board duly called and held on October 22, 2007 and continued until November 26, 2007, that the said resolution was entered in the minutes of the said meeting; that I have compared the foregoing copy with the original thereof now on file in my office and that the same is a true and correct transcript or said resolution and of the whole thereof.
I FURTHER CERTIFY that all members of said Board had due notice of said meeting.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Village of Liverpool, the day and year below written.
Dated:
Margaret A. Casale Secretary of the Zoning Board of Appeals of the Village of Liverpool, Onondaga County, New York
Adjournment Mr Herrgesell moved and Ms Carey seconded the motion to adjourn. All ayes, motion carries. The meeting was adjourned at 6:40pm.
Respectfully Submitted,
Margaret Casale Zoning Board
|
||||||||||