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MINUTES OF = THE REGULAR MEETING OF THE TOWN OF ELLICOTT ZONING
BOARD OF AP= PEALS HELD AT THE ADMINISTRATION BUILDING, 215 SOUTH WORK STREET, FALCONER, NY 14733 ON FEBRUARY 22, 2010 AT 7:15 PM
Present: Jean Holton, Angelo Cimo, Steve Hoglin, Al Hendrickson, Phil Pratt, John Merchan= t, Kathy Hedstrand, William Wright, Attorney, Randy Woodbury, Code Enforcement Officer
The meeting was called to order at 7:15 PM by Chairman, Steve Hoglin and led the Board in the Pledge of Allegiance.
Motion made b=
y Ang
Cimo, seconded by Phil Pratt to approve the minutes of the January 25, 2010
meeting.
Carried &=
nbsp; &nbs=
p; Ayes
– 7 &nbs=
p; &=
nbsp; Noes
– 0 &nbs=
p; &=
nbsp; Absent
– 0
Attorney Wright swore those intending to give testimon= y at tonight’s meeting in.
Chairman Hoglin opened the public hearing for Constance Flowers for a modification to the approved variance to construct a second detached garage on the property at 220 Wembly Drive, Jamestown, NY 14701 pursuant to Section 146-7-A of the Town of Ellicott Zoning and Planning Cod= e.
Mr. Tom Flowers was present to address the board for h= is wife Constance.
Carried. &=
nbsp; Ayes
– 6 &nbs=
p; &=
nbsp; Noes
– 1 (Hedstrand) &nbs=
p; &=
nbsp; Absent
– 0
Prior to Chairman Hoglin opening the public hearing for Timothy Ruch (Good Time Saloon) it was noted that a letter had been received contesting the determination by the Code Enforcement Officer for the need f= or a use variance to construct an addition to the north side of the building at = 590 Fairmount Avenue, WE, Jamestown, NY pursuant to Section 146-22 of the Town = of Ellicott Planning and Zoning Code.
Attorney Wright stated that a preliminary issue exists= that the Notice of Public Hearing that was sent out was that of a use variance a= nd if there were to be any change to that notice that the neighbors would need= to be re-notified.
The charge to the Board was to determine if the findin= g of the Code Enforcement Officer was accurate in the need for a use variance or not.
Mr. Woodbury stated that the building/business is a non-conforming use in a neighborhood business zone and as such is not permi= tted to have any modifications to the building. Because of this determination, a= use variance would be required.
Randy noted that this discussion about originally afte= r a variance was approved involving a separate dwelling owned by the applicant = that is adjacent to the Good Time Saloon. That property was to be converted from a Doctor office to a 3-unit apartment dwelling. A conditi= on of the approval of that variance was for Mr. Ruch to appear before the Planning Board. While appearing before= the Planning Board for review of the site plan, a section of “future expansion” was noted causing the need for further review.
Mr. Woodbury read the Section 146-22 of the Town Code = for Permitted Uses in a Neighborhood Business Zone.
Permitted uses sh=
all
be as follows:
Uses
allowed in Residential and Professional Office Districts and in addition
thereto business offices; restaurants (except
where the service of food is incidental to the service of alcoholic beverag=
es);
banks, brokerages and other financial institutions; retail establishments;
pharmacies; funeral homes; day-care centers; travel agencies and barber- and
beauty shops.
Article XI Section 146-63 D Non-Conforming Uses and District
Exceptions
D. Altering
non-conforming use.
Altering
nonconforming use. No existing building or structure devoted to a nonconfor=
ming
use, or which may be used for such purposes, may be reconstructed or
structurally altered and the nonconforming use may not be extended or expan=
ded
except within the following limitations:
The
structural alteration made in such a building shall in no case exceed 25% of
its reasonable market value, unless the use therein is changed to a conform=
ing
use. The Assessor shall, upon the request of the officers charged with the
administration of this chapter, certify to the reasonable market value of a
given building or structure for the purposes hereof, and such certificate s=
hall
be accepted as proof of the valuation of the particular building or structu=
re
in the initial instance.
No nonconforming =
use
shall be extended or expanded.
No
nonconforming use existing at the time of the passage of this chapter shall=
be
changed, extended or structurally altered for the purposes of using it for
another nonconforming use excluded from the particular district.
A
building or structure devoted to a nonconforming use may be reconstructed, =
but
not expanded, within 12 months of destruction of said building or structure
(except signs or billboards specifically prohibited) which has been destroy=
ed
by fire or other calamity to the extent of not more than 75% of its assessed
valuation.
Mr. Rush was asked to provide accounting records listi= ng the food to alcohol ratio, documents of advertising showing the establishment a= s a restaurant, interior photographs.
Kathy made a motion with a second by Al to table the a= ppeal of the decision by the Code Enforcement Officer brought by Timothy Ruch pen= ding additional information to be provided by the applicant and re-notification = of neighbors.
Al made a motion to adjourn the meeting with a second = by Jean.
The meeting was adjourned at 8:30 PM.
Respectfully Submitted,
Kathy Hedstrand
Acting Secretary