Town of Cheektowaga
Erie County, NY

ZBA Resolution
ZBA-2017-85

240 Oehman Avenue

Information

Department:Zoning Board of AppealsSponsors:
Category:Area Variance

Attachments

  1. Printout

Body

ARTICLE(S): ___II___               SECTION(S): _260-23B(1)(a)(1)__

ARTICLE(S): ___II___               SECTION(S): _260-23B(2)(a)(1)__

ARTICLE(S): ___II___               SECTION(S): _260-23C(3)     ____

ARTICLE(S): ___VI__               SECTION(S): _260-59(A)(3) _____

ARTICLE(S): ___V___               SECTION(S): _260-42B(1)(b)_____

of the zoning law for property located at:

 

Meeting History

Dec 20, 2017 7:00 PM  Zoning Board of Appeals Regular Meeting

Neither Donald Czapla nor Austin Czapla were present to discuss the five (5) variances they requested to build a single-family home on the existing concrete pad of the old house.

Many neighbors from the Oehman area were present and wished to speak on this project to voice their opposition. Mr. Brandon allowed that request, but informed them that no action will be taken until the applicants appear.

There was an arson fire and only a pad (crawl space) from two (2) houses remain of the old structures that stood there. A letter from Schenne & Associates states that the foundation, with a minor amount of repair, is suitable to build on. They also state that any new work on the foundation must conform to the 2015 RCNYS, including minimum depth of foundation for frost protection and Energy Code requirements.

Lisa Prierce-Puff of 248 Oehman Avenue spoke about conditions prior to the fire and that commercial trucks were parking in the driveway. The police were informed of the situation existing on that parcel prior to the fire.

Security lights on Mrs. Dupre’s house did help Police find the culprits that started the fire.

After the fire, trees were burned on both sides of the old houses as well as on the rear property owned by Mr. DuRosa, who was present. He also verified existing conditions after the fire and that their properties were damaged by firefighters, debris, and sewage on the forty (40) foot lot and nothing was done to clean up the ground area.

There have been numerous owners of the property. Jeffrey Allen and Ken Graci who own it now, purchased the home on July 16, 2016 under his son’s name.

There was no clean-up of the premises to date.

A motion was made to table the variance for more information.

RESULT:TABLED [UNANIMOUS]Next: 1/17/2018 7:00 PM
MOVER:Jane Wiercioch, Board Member
SECONDER:John Marriott, Board Member
AYES:Robert J. Brandon, Jane Wiercioch, Kenneth L. Young, John Marriott, Justin Young
Jan 17, 2018 7:00 PM  Zoning Board of Appeals Regular Meeting

Mr. Donald Czapla, representing his son Austin who is the owner of the property, is asking for five (5) variances to rebuild a ranch type home on the same location on the footprint of the footer as the one that burned.

Mr. Czapla did not present any drawings of the proposed home and the Board was concerned that there was only (1.17) foot side yard on the North and (3.33) feet from the Southwest side of the proposed new build.

Mr. Czapla also presented a letter from Schenne & Associates stating that with a minor amount of work, the old foundation is suitable to build on.

The Board was also concerned about drainage. A sump pump will be placed in an elevated area three (3) feet in the crawl space and drainage from the sump pump, as well as gutters, will go into the storm sewers.

 

Lisa Pierce-Puff of 248 Oehman spoke about the conditions that exist since the fire and also about the standing water close to her property. She thought it would be better if the home would be placed toward the front of the property in line with other homes and would be a better fit for the neighborhood.

Mrs. Dupre, the neighbor on the other side of the Czapla property, has erected a fence for privacy and is only one (1) foot from the 240 Oehman Avenue property.

 

Mr. Justin Young brought up the fact that the blueprint of the property shows that the front is wider than the rear of the property by (5.6) feet and if the house was moved forward, there would be more side yard area than if built in the rear.

 

Mr. Czapla stated that he would consider moving the home forward and in line with other homes in the area.

 

A motion was made to table until Mr. Czapla presents an architectural rendering of the proposed house and submits to the Board the side lot measurements if the house is moved in line with the other houses.

RESULT:TABLED [UNANIMOUS]Next: 2/21/2018 7:00 PM
MOVER:John Marriott, Board Member
SECONDER:Kenneth L. Young, Board Member
AYES:Robert J. Brandon, Jane Wiercioch, Kenneth L. Young, John Marriott, Justin Young
Feb 21, 2018 7:00 PM  Zoning Board of Appeals Regular Meeting

Mr. Czapla was present with drawings of the proposed house to be rebuilt on the old concrete pad. The plans showed that the house will only be (1’.2”) from the property line on the right side, five (5) feet wide on the left side and the home is only thirty-one (31) feet wide. Lisa Puff of 248 Oehman was totally against the house being so close to her fence and wanted Mr. Czapla to make the house smaller. Mrs. Dupuis of 238 Oehman was also present, however did not object to the project. She would have liked the new rebuilt home to be moved forward as the lot has an irregular shape and it is wider in the front and would be a better fit to the neighborhood.

Mrs. Puff stated that Mr. Czapla was not the owner of the house and that his son owns the property. Mr. Brandon then asked Mr. Czapla if that was correct. He agreed that his son is the owner and will bring a letter signed by his son.

A motion was made to table until Mr. Czapla brings a letter from his son Austin asking that his father represents him regarding the variance.

Roll call: Justin Young, aye; Kenneth Young, aye; John Marriott, aye; Jane Wiercioch, aye; Robert Brandon, aye. 5 ayes, 0 nayes.

RESULT:TABLED [UNANIMOUS]Next: 3/21/2018 7:00 PM
MOVER:Justin Young, Board Member
SECONDER:Kenneth L. Young, Board Member
AYES:Robert J. Brandon, Jane Wiercioch, Kenneth L. Young, John Marriott, Justin Young
Mar 21, 2018 7:00 PM  Zoning Board of Appeals Regular Meeting

Mr. Austin Czapla, the homeowner, was present and asked that his father represent him regarding the variances. The Board did not have a letter from Austin stating that his father could represent him regarding the variances for the house.

Mr. Brandon asked Mr. Don Czapla if he could cut down the width of the house to give more side yard on the North side of the property. He said that he could cut three (3) feet off of the thirty-one (31) foot width of the present drawing of the house and work with twenty-eight (28) feet which would give him a side yard of three (3) feet on the North side of the house and (3.3’) feet on the South side. The backyard would be increased to (20.6’) feet by eliminating a room at the rear of the house.

A motion was made to grant the variances as follows:

1. Mr. Czapla is allowed to build on the undersized interior lot of (40.87’) feet.

2. That the proposed single family home be (6279) square feet in size.

3. The rear of the house is (20.6’) feet from the rear property line.

4. The house will sit on part of the existing foundation three (3) feet from the Northerly property line and (3.33’) feet from the Southerly property line.

5. Parking will be allowed in front of home.

Roll call: Justin Young, aye; Kenneth Young, aye; John Marriott, aye; Jane Wiercioch, aye; Robert Brandon, aye. 5 ayes, 0 nayes.

RESULT:GRANTED [UNANIMOUS]
MOVER:Robert J. Brandon, Chairman
SECONDER:Jane Wiercioch, Board Member
AYES:Robert J. Brandon, Jane Wiercioch, Kenneth L. Young, John Marriott, Justin Young

Discussion