June 9, 2008
The meeting of the Board of Zoning Appeals (BZA) was called to order by President Laporte at 6:03 PM at the Village Hall.
ROLL CALL Present: Trustees Al-Awar, Boddie, Bogat, Butterwick, Langford Laporte, Lindstrom and Wilkes. Absent: Trustee MacKrell.
Others attending: ZPA Perry, Asst. Treasurer Redies, Supt Esch, BHMC President Bultman and residents Frank Legacki, Alicia Torres, Ann Leidy, Doris Foss and Zakhour Youssef.
APPROVAL OF MINUTES Mr. Al-Awar moved that the minutes of the May 20, 2008 Board of Zoning Appeals meeting be approved as printed. Mr. Wilkes seconded; the motion carried.
APPLICATION FOR VARIANCE 460 Hillspur Road
Public Hearing President Laporte convened the public hearing at 6:05 PM concerning the application from Frank Legacki and Alicia Torres, 460 Hillspur Road, to construct an addition to the garage in the side set back. There were no comments from the public. Ms. Laporte stated that she had received a phone call from Nancy Bishop, 495 Hillspur Road, expressing support of the application. The hearing was closed at 6:05 PM. Mr. Legacki and Ms. Torres explained the nature of their application, indicating that their present garage was originally constructed as a carport in the 1950’s, with the sides enclosed sometime in the 1980’s. Since their purchase of the home in 1998 the owners have found the 19 foot wide space too small for their daily use, especially considering that standard width of a two vehicle garage is currently 24 feet. There is little room to open car doors for putting in groceries or taking out luggage, requiring the owners to park in the driveway, take things out and then drive the car into the garage. Mr. Legacki and Ms. Torres propose to enclose an area already defined on the side of the garage by an existing retaining wall, which will allow the garbage cans to be removed from the garage area, leaving room for vehicles to be parked at an angle with more room for entrance/egress. The existing air conditioning unit will be moved farther back from its present location. An existing shed is unsuitable for garbage storage since the door cannot be opened easily in winter; construction of a separate garbage storage building would require more distance for both owners and collection workers. The roof of the addition will be just under the height of the existing garage roof. There would be no further intrusion into the side set back than already exists. Mr. Wilkes commented that he had visited the home, observing that the garage area is extremely restricted and that the structure is completely screened from the neighbor’s view by vegetation.
Motion Mr. Wilkes moved that the application for variance to construct an addition to the garage within the side set back submitted by Frank Legacki and Alicia Torres, 460 Hillspur Road, be approved based on the unique situation of a very constricting garage space posing a practical difficulty to the owners and the lack of impact on neighbors that would be caused by the proposed construction. Mr. Boddie seconded; the motion carried.
APPLICATION FOR VARIANCE 440 Barton Shore Drive
Public Hearing President Laporte convened the public hearing at 6:19 PM concerning the application from Zakhour and Androulla Youssef, 440 Barton Shore Drive, to construct a fence in the set back. There were no comments from the public. A letter was received from SM and Dorothy Farhat, 231 Corrie Road, expressing support of the application. The hearing was closed at 6:20 PM. Mr. Youssef explained that his house is located on top of a bluff, with steep ravines that pose a danger to his young grandchildren playing out of doors. He distributed a drawing and photos showing the appearance of the 3’ high black aluminum fence that is proposed to be constructed. There are no neighboring houses nearby.
Motion Mr. Boddie moved that the application for variance to construct a fence in the set back submitted by Zakhour and Androulla Youssef, 440 Barton Shore Drive, be approved on the basis of safety concerns due to the topography of the site. Mr. Al-Awar seconded; the motion carried.
NEW BUSINESS None.
Mr. Boddie moved the meeting be adjourned at 6:27 PM. Mr. Lindstrom seconded; the motion carried.
Janice K. Esch, Deputy Clerk