West Seneca Zoning Board of Appeals Meeting Minutes 02/23/2005

OPENING OF PUBLIC HEARING:

Motion by Mr. Dunn, seconded by Mrs. Price, to open the Public Hearing.

APPROVAL OF PROOFS OF PUBLICATION:

Motion by Mrs. Price, seconded by Mr. Dunn, to approve the proofs of publication and posting of legal notice.

APPROVAL OF MINUTES #2005-01:

Motion by Mrs. Price, seconded by Mrs. Rosenswie, to approve Minutes #2005-01 of January 26, 2005.

NEW BUSINESS:

2005-002

Request of Paul G. Vogel for a variance for property located at 814 Mineral Springs Road to operate plumbing business out of existing storefront.

Paul G. Vogel, 1776 Center Road and Barbara Vogel appeared on the request for a use variance for 814 Mineral Springs Road.

Mr. Vogel stated his mother and father own Paul E. Vogel Plumbing & Heating, where he is one of the plumbers. He is a single parent and would like to purchase the building at 814 Mineral Springs Road. He intends to live at that address, along with his parents who will be renting one of the apartments.

Barbara Vogel stated the building will be used for non-retail office space in the front with the remainder of the building used for storage of sewer cleaning equipment, piping, facets, and plumbing fittings. Everything will be self-contained inside the building, including garbage. Deliveries are made occasionally, but large deliveries are made to the job site. Employees are on the premises only to load up in the morning; at other times they are dispatched from their homes. Trucks and heavy equipment will not be stored on site. The only vehicles on the premises will be the personal vehicle of her son, Paul G. Vogel, since he will be residing there also, her automobile and her husband’s pickup truck on occasion when he does come to the site. There is an additional apartment which is currently rented.

Mr. Dunn stated the use described is more of a C-2 use than a C-1 use, and asked if it would be more feasible for the applicant to request a change in zoning.

Mrs. Vogel stated she was advised to request a use variance.

Mr. McCabe noted that the application calls for an interpretation if the use fits into a C-1 zoning and the bottom portion under type of appeal has both the variance to the zoning ordinance and interpretation of the zoning ordinance boxes marked. Mr. McCabe stated that applicant’s plan to run the plumbing business from the premises is more of a C-2 use.

Mr. Czuprynski stated the applicant is here for a use variance, to use the premises as a C-2, with no more detrimental use than what is allowed in a C-1.

Mrs. Price asked if the property has already been purchased.

Mrs. Vogel stated they were awaiting the decision of this Board before purchasing the property.

Mr. McCabe stated that if the Board decides to table this item until the next meeting, the applicant needs to return at that time with a detailed explanation of what the intended use is going to be because the Board may place restrictions on the use which applicant will be bound by in the future. The Board needs to know what the business is and how applicant intends to operate it and anything beyond that will not be permissible now or in the future. The Board can place any restrictions on the use of the property it deems advisable, as a condition of granting a use variance.

Mrs. Vogel stated that their current location has a driveway which is shared with the residence next door. They are only allowed to load up their vehicles and must then leave. The business owns four vehicles and a dump truck, but the dump truck is never left on the premises and is stored elsewhere.

Mr. Czuprynski stated that if applicant were to have an office alone on the premises, that use would be allowed in a C-1 zoning. Once storage of material, etc. is added, that use puts the operation into a C-2 use because it is then considered a shop. The Board does have the ability to give a use variance, saying that the business is no more detrimental to the area than what would be allowed in a C-1 zoning, and put certain conditions, i.e. no outside storage of any material, no loading of vehicles at certain hours, etc. on the use.

Mr. McCabe cited the following excerpt from the zoning code of the Town of West Seneca: “Use variance. Before the Board of Appeals may grant a use variance, unnecessary hardship must be established based upon all the following criteria: (a) Based on actual monetary values, the land in question cannot yield a reasonable return if used only for a purpose allowed in that zone. (b) The plight of the owner is due to unique circumstances and not to the general conditions in the neighborhood. (c) The use to be authorized by the variance will not alter the essential character of the neighborhood and is compatible with the area.” Mr. McCabe added that all of these three standards must be met, not just one or two. In the past, this Board has taken a very close look at requests for use variance because if granted, the Board is basically performing a zoning function.

Mrs. Price asked if it would not be more practical for the applicant to approach the Town Board for a change in zoning to C-2.

Mr. McCabe stated that would be an alternate option for applicant, if this Board were to deny the request.

Mrs. Vogel stated the one resident approached on this request for a use variance stated there had been a number of businesses at that location, including a pizzeria, beauty shop, ceramic shop, meat market, all of which generated substantial traffic problems. That person was in favor of applicant’s operation based on the reputation of the plumbing business itself and since everything would be self-contained with hours of operation not beyond 4:30 p.m. or on holidays. Mrs. Vogel stated one reason they would like to leave their current location is due to the shared driveway with the next door restaurant which does not run a clean operation.

Mr. Czyprynski noted that the applicant would have a more difficult time in requesting a zoning change. If the Town Board elected to change the zoning from C-1 to C-2, the zoning change would be permanent.

Mr. McCabe also noted that this Board, if it chose to grant a use variance, could attach restrictions on what the applicant can do and how they may operate at the location, similar to the special use permit that the Town Board uses from time to time.

James Bove, 11 Willowdale, stated the Vogel family business is located across the street from his business on Seneca Street. He stated they are excellent neighbors and very quiet. Currently, there is a vacant building on Mineral Springs Road. Vogel Plumbing employs a number of individuals. The owners are highly motivated and well respected in the community and would be an asset to this town.

Mr. McCabe noted that the vacancy of the property on Mineral Springs Road and the fact that this business would provide a use for the property may fit the first criteria in terms of monetary value. In other words, the existing vacant building would be replaced with an existing business.

Mr. Kleinfelder asked how many people the business employed.

Mr. Vogel stated the business includes himself, three other plumbers, his mother who is the secretary and his father who is partially retired but does estimate work.

Letters were submitted from Michael F. Ruppert, 820 Mineral Springs Road, Mary Beth and Keith Mackey, 810 Mineral Springs Road, Walter J. Skolski, 831 Mineral Springs Road, stating no objection.

Mr. McCabe stated that an argument could be made for each of the criteria. The first criteria relates to monetary value. The property is currently vacant and they are proposing an existing use. The second criteria refers to unique circumstances, citing Mr. Czuprynski’s argument about the C-2 zoning being permanent. The Zoning Board has the ability to tailor this to the uniqueness of the business. It is a business that could operate in a C-2 zoning. At the same time the way the business is operated is not truly a shop but more on the level of an office. They will not be keeping vehicles on the premises over night. The fact that there is some input from at least the adjoining neighbors helps to satisfy the third criteria. The notice for the Zoning Board is strictly a public notice with no direct notification given to the neighbors as there would be for a public hearing before the Planning Board or Town Board. Overall, arguments can be made to satisfy all three criteria.

Mr. Dunn asked if tabling this item for another month would substantially delay applicant’s schedule.

Mrs. Vogel stated they are anxious to move this along since the building is ideal for their son who is a single parent with a six year old child. She will be present when the child arrives home from school and on days off. The situation is ideal and it would be difficult to find a similar setup. Her son will be receiving income from the tenant as well as from she and her husband.

Mrs. Rosenswie requested an opinion from Mr. McCabe as to whether the Zoning Board could issue a temporary use permit based on stipulations from the Building Department for applicant to submit a bid on the property.

Mr. McCabe stated that issuing a temporary permit would not be beneficial to the applicant. Applicant is looking to move forward with the

matter and the Board is not looking to give anything that someone down the road is able to use. A use permit would be unique to applicant’s use of the property.

Motion by Mrs. Price, seconded by Mr. Dunn, to close the public hearing and grant a use permit for property located at 814 Mineral Springs Road to operate plumbing business out of existing storefront, specific only to this business, and in the event the business moves out, the use variance will no longer be in effect, with the following stipulations:

(1) No heavy equipment vehicles stored on the property;
(2) No more than one (1) business van may be stored overnight;
(3) No deliveries are to be made before 8:00 a.m.;
(4) No storage of materials outside the building.

2005-003

Request of Centennial Homes, Inc. for a variance for property located at 1419 Union Road to alter front of building 2 ft from front property line.

Maria Szefler, Centennial Homes, 24 Liberty Lane, submitted a drawing of the proposed plan to remove the existing green roof section of the building and replace it with a gable in front as shown on the drawing.

Letters were submitted from Cecelia Smith and Robert Smith, Ceil’s Place, 1413 Union Road and Sandra Graser of Williams’s Florist, 1425 Union Road, stating no objection.

Mrs. Szefler stated the first floor of the building will be used for the corporate headquarter offices of the owner of several area McDonald’s establishments and the second floor will be used for storage. The only people occupying the first floor offices will be a full time person, a part time person and the owner herself. The two signs presently in front of the building will be removed.

Mr. Dunn noted that currently the first floor of the building comes out to a few feet from the street and the second floor is set back. He asked if the second floor will be brought out even with the first floor.

Mrs. Szefler stated the portion will still recess, but the portion where the brick is will be flush all the way up.

No comments were received from the public.

Motion by Mrs. Price, seconded by Mr. Dunn, to close the public hearing and grant a variance for property located at 1419 Union Road to alter front of building 2 ft from front property line.

ADJOURNMENT:

Motion by Mrs. Price, seconded by Mr. Dunn, to close the public hearing and adjourn the meeting (7:50 a.m.).

Respectfully submitted,

Patricia C. Wisniewski, RMC/CMC
Secretary