08/08/2022, ZBA Meeting Minutes

A. AB-2022-23, Tracey Guaiana, 1150 Hemingway, 09-15-201-028 (Returned to the Planning & Zoning Department for more information at the 6/27/2022 Mtg.) The petitioner is seeking 2 variances from Zoning Ordinance #78 – Zoned R-1 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. 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. B. AB-2022-25, Armando Vuktilaj, 2005 Bald Mountain Rd., 09-24-100-007 (Postponed from 7/25/2022 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). C. AB-2022-28, Georgette Dib, 563 Oakland St., 09-11-316-023 (Postponed from 7/25/2022 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. D. 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. E. 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 XIV, 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 the 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 width 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. F. 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 required 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 required 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, from the required 25-ft., to build a house with a deck 19.75-ft. from a wetland (lake).