HomeMy WebLinkAbout2013-04-22D a n b y B o a r d o f Z o n i n g A p p e a l s
M i n u t e s o f H e a r i n g a n d M e e t i n g
A p r i l 2 2 , 2 0 1 3
Present:
Allen Becker
Gary Bortz
Sarah Elbert
Joe Schwartz
Alan Wagner
Others Present:
Secretary Pamela Goddard
Public Phoebe Constantiou
BZA Chair, Al Wagner opened the Hearing at 7:07pm
PUBLIC HEARING to consider a request for variance of Article VI Section 600, Paragraph 1-a of the Town of
Danby Zoning Ordinance to allow use of an existing third dwelling unit in a structure at 580 West King Road, tax
parcel number 1.-1-12.3. Permitted use in a Low Density Residential Zone exclude multi-family (more than two-
family) dwellings. Phoebe Constantinou, Owner/Applicant.
Public Comment
No correspondence was received from neighbors related to this request.
Constantinou informed the board that she had recently bought the rental property at 580 West
King Road. She was aware that this was being operated as a three unit rental when she entered nego-
tiations to purchase the property, and was aware at that time that the basement apartment was not le-
gal according to Danby zoning and code. At the time of closing, the basement renters were asked to
move out and the building reverted to a two family rental. Her intention is to improve that unit, mak-
ing it safe by bringing it up to code, and increase the rental value for income. In her opinion it has
been occupied for such a long time as a three unit rental, this would not negatively impact the neigh-
borhood.
The board asked several questions of the applicant, including the current status of the basement
apartment, the layout and entrances of the apartments, and the type of renters. Constantinou explained
that she was aware that the building had been designed as a two unit rental. She had been advised by
her realtor that she would be able to appeal for a variance of this usage. Constantinou does not want
to have an illegal rental. The current renters are single households, not students.
There were some questions about when the third unit was created and when the Code Officer be-
came aware of the violation. Code Officer Beeners had provided background information, including
letters to the property owner dated 2006 informing him that the property should be assessed and oc-
cupied as two dwelling units only. Constantinou informed the board that she had consulted with the
Health Department to confirm that the septic system is adequate for a three “household” rental prop-
erty.
Bortz asked about the feasibility of creating interior stairways to connect the main floors to the
basement. This might facilitate the expansion of these rental to three bedroom units from the current
two bedroom units. This adaptation could enhance the rental value for the property.
The hearing was closed at 7:35pm
Board of Zoning Appeals_Minutes_20130422 • Tuesday, April 30, 2013 Page 1 of 2
Constantinou Variance Discussion
The Board of Zoning Appeals held a substantial discussion regarding the general difficulty in
granting a Use Variance. The board expressed its appreciation of the applicant’s honesty. In the opin-
ion of this board, a use variance is very rare. This type of variance has a higher magnitude than a
variance for set backs or road frontage. This would change the zoning for that property, in essence
“un-doing” zoning, and so is highly problematic. No other hardship was seen in this case.
Members of the board encouraged the applicant to review a revised plan with staff in the Danby
Code Enforcement Office. The renovations may require building permits.
MOTION TO DENY THE VARIANCE:
The Board of Zoning Appeals of the Town of Danby denies the request for variance on Town of Danby Tax
Parcel number 1.-1-12.3. The property is to be maintained as a two household rental unit.
Moved by Gary Bortz, second by Allen Becker, the motion passed
Allen Becker AYE
Gary Bortz AYE
Sarah Elbert AYE
Joe Schwartz AYE
Alan Wagner AYE
Adjourn
The Meeting was adjourned at 7:50 pm.
____________________________________
Pamela Goddard, Board of Zoning Appeals Secretary
Board of Zoning Appeals_Minutes_20130422 • Tuesday, April 30, 2013 Page 2 of 2