Flushing Zoning Board of Appeals
Minutes
A Regular Meeting of the Flushing Zoning Board of Appeals was called to order on Monday, September 21, 2009 at 7:30 p.m. by Chairperson Patrick O'Callaghan, followed by the Pledge of Allegiance to the Flag.
Present: Edward Borkowski
John H. Daly
Kevin J. Keane
David R. Martus
Patrick O’Callaghan
Absent: None
Others Present: Nancy G. Parks, City Clerk/Treasurer
Oaths
of Office:
The Clerk/Treasurer administered the Oath of Office to John H. Daly and Edward Borkowski.
Election
of Officers:
Chairperson – Motion by Daly, seconded by Keane, to elect Patrick O’Callaghan as Chairperson of the Zoning Board of Appeals.
Yea: Borkowski, Daly, Keane, Martus, O’Callaghan
Nay: None
Motion Carried.
Vice Chairperson – Motion by Keane, seconded by Martus, to elect John Daly as Vice Chairperson of the Zoning Board of Appeals.
Yea: Borkowski, Daly, Keane, Martus, O’Callaghan
Nay: None
Motion Carried.
Agenda Approval – Motion by Daly, seconded by Borkowski, to approve the September 21, 2009 agenda as presented.
Yea: Borkowski, Daly, Keane, Martus, O’Callaghan
Nay: None
Motion Carried.
Flushing Zoning Board of Appeals
Minutes
Page Two
Approval of Minutes - Motion by Keane, seconded by Martus, to approve the August 25, 2008 Special Meeting minutes of the Zoning Board of Appeals, as written.
Yea: Borkowski, Daly, Keane, Martus, O’Callaghan
Nay: None
Motion Carried.
MEETING
OPEN TO THE PUBLIC:
Elva Cook, 1459 Flushing Road, addressed the Board.
NEW
BUSINESS:
Meeting Schedule – Motion by Daly, seconded by Keane, to set the following meeting schedule:
December 7, 2009 March 15, 2010 June 21, 2010 September 20, 2010
Yea: Borkowski, Daly, Keane, Martus, O’Callaghan
Nay: None
Motion Carried.
PUBLIC
HEARINGS:
Variance – 225 Brookside Drive – An application was received representing a request for a dimensional variance from the standards of the Flushing Zoning Ordinance No. 153.901(AY)(1-7).
A Notice of Violation was initially issued on September 7, 2007 for “Work Without a Permit” on a deck and pool. On September 24, 2007, an application for a permit was submitted, which was not complete with required plot plan details until a third submission in February of 2008. A permit was denied thereafter, and the property owner requested time to obtain a legal survey to resolve the lot coverage issue. Notices of Pending Enforcement Action by the building inspector and the police chief resulted in the submission of this application.
The application provided answers to the required questions that are provided in Code Section 153.1108(B).
The area of the rear yard is approximated at 10,506 square feet. This would limit the accessory structures, including the deck, pool and shed, to a total of 1,050 square feet. The applicant estimates the total area of the three (3) structures to be 1,658 square feet. Therefore, the area variance required would be 608 square feet.
Flushing Zoning Board of Appeals
Minutes
Page Three
The Chairperson opened the public hearing to the audience.
Michael Smith, 225 Brookside Drive, stated that he had previously turned in documentation showing lots in the area. He stated that the size and contour of his lot is unique to the area and greatly affects the calculation of rear yard size, as related to percentage of space used.
Elva Cook, 1459 Flushing Road, was in favor of the variance.
The Chairperson closed the public hearing.
There was discussion as to whether the aboveground pool should be considered a structure.
Variance – 225 Brookside Drive – Motion by Daly, seconded by Keane, to table the application for variance on 225 Brookside Drive until a legal opinion could be obtained from the City Attorney on whether or not an aboveground pool should be considered a structure.
Yea: Borkowski, Daly, Keane, Martus, O’Callaghan
Nay: None
Motion Carried.
Variance – 403 W. Main Street – An application was received requesting a variance to allow an existing accessory building, which was built without permit, and exceeds more than ten (10%) percent of the rear yard. In addition, this building is located closer than six (6’) feet to the side lot line, and may likely encroach on the Lynn Street right-of-way. The application for the permit was applied for after a “Notice of Violation for Working Without a Permit” was sent to the property owner.
The applicant provided responses to the criteria that is required for a dimensional variance, as specified in the Zoning Ordinance Code No. 153.1108(B).
The Chairperson opened the public hearing to the audience.
Tracey Romprey, 403 West Main Street, stated that the structure started as a trellis in 2006, built into a pavilion in 2008 and started into a greenhouse in 2009.
The Chairperson closed this portion of the public hearing.
Flushing Zoning Board of Appeals
Minutes
Page Four
Variance – 403 West Main Street – Motion by Daly, seconded by O’Callaghan, to table the application for variance on 403 West Main Street until the question of encroachment is answered by city administration.
Yea: Borkowski, Daly, Keane, Martus, O’Callaghan
Nay: None
Motion Carried.
Adjournment – Motion by Martus, seconded by Borkowski, to adjourn.
Yea: Borkowski, Daly, Keane, Martus, O’Callaghan
Nay: None
Motion Carried.
Adjourn: 8:10 p.m.
______________________________
Nancy G. Parks, City Clerk/Treasurer