August 22, 2022 at 7:00 PM - Zoning Board of Appeals

1. OPEN MEETING

2. ROLL CALL

3. MINUTES

3.A. 08/08/2022, ZBA Meeting Minutes

4. AGENDA REVIEW AND APPROVAL

5. ZBA BUSINESS

5.A. AB-2022-23, Tracey Guaiana, 1150 Hemingway, 09-15-201-028
The petitioner is seeking 2 variances from Zoning Ordinance #78 - Zoned R-1
Article XXVII, Section 2702(A)(4) & Article XXVII, Section 27.05(H)(2)
1. A 10-ft. side yard setback variance from the required 10-ft. for a 6-ft. privacy fence to be 0-ft. from the side property line to the south.
2. A 10-ft. rear yard setback variance from the required 10-ft. for a 6-ft. privacy fence to be 0-ft. from the rear property line to the west.

5.A. AB-2022-25, Armando Vuktilaj, 2005 Bald Mountain Rd., 09-24-100-007
(Postponed from 7/25/2022 ZBA meeting)
The Petitioner is seeking 5 variances from Zoning Ordinance #78 - Zoned R-1
Article XXVII, Section 27.02(A)(4) & Article XXVII, Section 27.05(H)(2)
1.  A 40-ft. front yard setback variance from the required 40-ft. to erect a 6-ft. privacy fence 0-ft. from the road right-of-way line along Bald Mountain Road (west).
2.  A 37-ft. front yard setback variance from the required 40-ft. to erect a 6-ft. privacy fence 3-ft. from the front property line along Starlight Trl (north).
3.  A 37-ft. front yard setback variance from the required 40-ft. to erect a 6-ft. privacy fence 3-ft. from the front property line along Starlight Trl (east).
4.  A 7-ft. side yard setback variance from the required 10-ft. to erect a 6-ft. privacy fence 3-ft. from the side property line (south).
Article XXVII, Section 27.03(G)(2)
5.  Corner clearance requirement variances to erect a 6-ft. fence at the intersection of a driveway and a road right-of-way (north & south).

5.B. AB-2022-28, Georgette Dib, 563 Oakland St., 09-11-316-023
(Postponed from 7/25/2022 ZBA Meeting)
The petitioner is seeking 2 variances from Zoning Ordinance #78 - Zoned R-3
Article XXVII, Section 27.02(A)(4) & Article XXVII, Section 27.05(H)(2)
1.  A 10-ft. side yard setback variance from the required 10-ft. to erect a 6-ft. privacy fence 0-ft. from the side property line to the east.
2. A 10-ft. rear yard setback variance from the required 10-ft. to erect a 6-ft. privacy fence 0-ft. from the rear property line south.
 

5.C. AB-2022-34, BACA Systems, 101 Premier Dr., (Sidwell #09-35-451-001).
The petitioner is seeking 4 variances from Zoning Ordinance #78 - Zoned IP
Article XVIII, Section 18.03(I)(1)(2)
1.  A variance to allow a covered trash receptacle (dumpster) to be located in the side yard, north, rather than the required rear yard.
2.  A variance to omit the required masonry brick type walls and the opaque lockable gate around the covered trash receptacle (dumpster).
Article XXVII, Section 27.19 (B)(2)(3)(4)
3.  A variance to allow accessory/outdoor storage to be located in the side yard, east, rather than the required rear yard.
4.  A variance to omit the required 8-ft. chain link fencing and screening around the accessory/outdoor storage.
 

5.D. AB-2022-35, 3850 Joslyn Road, 3850 Joslyn Road, 09-28-376-031
The petitioner is seeking 15 variances from Zoning Ordinance #78 - Zoned GB
Article XIV, Section 14.02(A)
1.  A 66-ft. setback variance, from the required 100-ft. from residential property, to build a building with a drive-thru 34-ft. from the west property line.
2.  A 32-ft. setback variance, from the required 50-ft. from residential property, for a drive-thru maneuvering lane to be 18-ft. from a residential property.
Article XXVII, Section 14.03(C)(3)
3.  A 22-ft. side yard setback variance, from the required 30-ft. along residential property, for parking spaces to be located 8-ft. from the north property line.
Article XIV, Section 14.03(I)(1)
4.  A variance to allow a covered trash receptacle (dumpster) to be located in a side yard (north).
Article XIV, Section 14.03(J)(1)
5.  A variance to allow a loading & unloading area to be in a side yard adjacent to residential property.
6.  A variance to allow a loading & unloading area to be in a front yard (Hammerslea Road).
Article XIV, Section 14.04
7.  A 2.42-ft. building height variance, from the maximum height limit of 25-ft. for th building to be 27.42-ft. high.
8.  An 18-ft. side yard setback variance from the required 20-ft. for a structure (propane tank) to be 2-ft. from the side property line (north).
Article XXVII, Section 27.04
9.  A 24-ft. landscape greenbelt width variance, from the required 30-ft., for the landscape greenbelt to be 6-ft. along the north property line.
10.  A 25-ft. landscape greenbelt width variance, from the required 30-ft., for the landscape greenbelt width to be 5-ft. along the west property line.
Article XXVII, Section 27.04(A)(4)
11.  A 20-ft. greenbelt width variance, from the required 20-ft. greenbelt between road right-of-way and parking, for a 0-ft. greenbelt along the south & east sides.
Article XXVII, Section 27.05(A)(4)
12.  A variance of 7 trees from Joslyn Road & 7 Trees from Hammerslea Road to have 0 trees along the road right-of-ways of Joslyn Road and Hammerslea Road.
Article XXVII, Section 27.05(A)(6)
13.  A variance to omit 2 required trees from the interior landscaping requirements of 1 tree per 200-sq. ft. of interior landscape space.
14.  A 66-sq. ft. variance for interior landscape areas, from the required 400-sq. ft., to have 334-sq. ft. of interior landscape areas.
15.  A 6-ft. variance from the required 10-ft. for interior landscape area to be 4-ft. wide.

5.E. AB-2022-36, Mat Dunaskiss and Pete & Nancy Smilanic, vacant parcel 2 parcels south of 576 Cushing St., 09-03-278-027
The petitioner is seeking 8 variances from Zoning Ordinance #78
Article VI, Section 6.04, Zoned R-3
1.  A 10.25-ft. front yard setback variance from the required 30-ft., to build a house with a deck 19.75-ft. from the front property line (lakeside).
2.  A 17-ft. rear yard setback variance, from the required 35-ft., to build a house 18-ft. from the rear property line (Cushing St.).
3.  A 1-ft. side yard setback variance from the requried 8-ft. to build a house 7-ft. from the side property line (north).
4.  A 1-ft. side yard setback variance from the required 8-ft. to build a house 7-ft. from the side property line (south).
5.  A 10.18-ft. height variance from the rquird 30-ft. to build a house 40-18-ft. high.
6.  14.85% lot coverage variance from the required 25% for a total lot coverage of 39.85%.
Article XXVII, Section 27.02(A)(4)
7.  8-ft. side yard setback variances for retaining walls to be 0-ft. from the property lines, north & south.
Article XXVII, Section 27.17(B)
8.  A 5.25-ft. wetland setback variance, fromt the required 25-ft., to build a house with a deck 19.75-ft. from a wetland (lake).
 

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