Board of Appeals Minutes

Board of Appeals Minutes 9/24/2019

VILLAGE OF DELHI
ZONING BOARD OF APPEALS MEETING
September 24, 2019

Present: Bryan Boyer; Nancy Hughes; Joannie Bedient; Ian Lamont; Tom Little, CEO

Absent: Antha Robbins, Chair; Kristin Janke-Schneider, Delaware County Planning

Guests: Duane Sturdevant, Heather Lipton- Phelps, Mayor Richard Maxey, Trustee Jeremy Fitch, Attorney Carly Walas.

Special Meeting

Bryan Boyer opened the special meeting of the Village of Delhi Zoning Board of Appeals at 6:03 PM.

Bryan Boyer asked for a motion to approve the minutes of the September 10, 2019 regular meeting.

Ian Lamont made a motion to approve the minutes. Nancy Hughes seconded the motion. All members approved.

27 Second St-

Carly Walas was present to review the Resolution given by the Village Attorney for the Zoning Board to continue the special usage for Land Surveying at 27 Second St, as ESE Equity LLC will be the new purchasers. Carly requested that in the WHERAS including office space for other architectural and engineering services be placed in the NOW, THEREFORE, BE IT RESOLVED THAT.

Nancy Hughes made a motion to that request in the Resolution. Ian Lamont seconded that motion. All members approved.
Ian Lamont made a motion to adopt Resolution to amend. Joannie Bedient seconded that motion. All members approved.

Miscellaneous:

Mayor Maxey brought up the previous discussion with the Board of the upcoming change for the Zoning Codes and needing 2 committee members from the ZBA to help with this process for future of the Village of Delhi.

Motion to adjourn the special meeting was made by Joannie Bedient. Seconded that motion was made by Nancy Hughes.

Adjourned at 6:25 PM

Respectfully submitted,

Amber Phraner
Zoning Board Secretary

Board of Appeals Minutes 9/10/2019

VILLAGE OF DELHI
ZONING BOARD OF APPEALS MEETING
September 10, 2019

Present: Bryan Boyer; Nancy Hughes; Joannie Bedient; Ian Lamont; Tom Little, CEO

Absent: Antha Robbins, Chair; Kristin Janke-Schneider, Delaware County Planning

Guests: Attorney James M. Hartman, Jorge Rodriguez, Linda Rodriguez, Carly Walas, Jeremy Pickens

Regular Meeting

Bryan Boyer opened the regular meeting of the Village of Delhi Zoning Board of Appeals at 6:04 PM.

Bryan Boyer asked for a motion to approve the minutes of the May 14, 2019.

Joannie Bedient made a motion to approve the minutes. Nancy Hughes seconded the motion. All members approved.

New Business:

Jorge Rodriguez – Hot Dog Vendor- Interpretations of Signs

James M. Hartman was present to discuss to the ZBA board, on behalf of his client Jorge Rodriguez. Mr. Hartman discussed his interpretation of what the Village Code stated under Signs that his client has, with his Hot Dog Business located on Private Property on Elm and Main St.

The Zoning Board of Appeals had a discussion on their perception on Temporary signs and read out loud the comparison that is listed in the Village book of Codes under Signs.

CEO Tom Little discussed to the Board the dangers of where the sings are located, blocking peripheral view for pedestrian and vehicle traffic.

Joanie Bedient made a motion for signs to be moved away from current location off of the STATE ROW. Nancy Hughes seconded that motion. All members approved

A motion was made by Joanie Bedient to allow two portable signs no more than 8 sq feet, one principle sign, two accessories signs, also Mr. Rodriguez American Flag. Ian Lamont seconded this motion. All members approved.

27 Second St-

Carly Walas was present to get permission from the Zoning Board to continue the special usage for Land Surveying at 27 Second St, that was previous ran by Ronald Mullenix.

Ian Lamont made a motion to request to re look at the resolution amendment, made in 1988. Nancy Huges seconded that motion. All members approved

There will be a Special Meeting on September 24, 2019, at 6:00 pm to relook at the resolution for special use. All members approved.

Miscellaneous:

Tom Little discussed with the Board the upcoming change for the Zoning Codes and needing 2 committee members from the ZBA to help with this process for future of the Village of Delhi.

Bryan Boyer made a motion to adjourn the meeting at 8:11. Joanie Bedient made a motion. Ian Lamont seconded that motion. All members approved.

Respectfully submitted,

Amber Phraner
Zoning Board Secretary

Board of Appeals Minutes 5/14/2019

VILLAGE OF DELHI
ZONING BOARD OF APPEALS MEETING
May 14, 2019

Present: Bryan Boyer; Nancy Hughes; Joannie Bedient; Ian Lamont; Tom Little, CEO

Absent: Antha Robbins, Chair; Kristin Janke-Schneider, Delaware County Planning

Guests: Glenn Nealis, John Shephard, James Thomson

Regular Meeting

Bryan Boyer opened the regular meeting of the Village of Delhi Zoning Board of Appeals at 6:05 PM.

Bryan Boyer asked for a motion to approve the minutes of the February 12, 2019.

Joannie Bedient made a motion to approve the minutes. Nancy Hughes seconded the motion. All members approved.

New Business:

Shephard Repair – 5 Meredith Street – area variance

Tom Little, Code Officer indicated this was the former RH Lewis lot. The property was 4 separate parcel but boundary line adjustments were taken care of earlier this year with Planning Board and there is now 2 parcels. Tonight we are reviewing the setback @ Mignier property and lot coverage compliance.

Q1. Will an undesirable change be produced in the character of the neighborhood or will a detriment to nearby properties be created by the granting of the area variance?

Discussion was had among the board members and they felt there was no detriment. All members were in agreement.

Q2. Can the benefit sought by the applicant be achieved by some method, feasible for the applicant to pursue but would not require an area variance?

Discussion was had among the board members and they felt there was no feasible way the applicant could handle differently and the 1% difference is negligible. All members were in agreement.

Q3. Is the requested area variance substantial?

Discussion was had among the board members and they felt there was no problem. All members were in agreement.

Q4. Will the proposed variance have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district?

Discussion was had among the board members and they felt there was no adverse effect or impact. In fact they felt it would be an improvement to the neighborhood. All members were in agreement.

Q5. Was the alleged difficulty self created? Consideration of this factor shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the area variance.

Discussion was had among the board members and they felt the difficulty was not self created. All members were in agreement.

Nancy Hughes made a motion to grant the area variance for the setback and lot coverage that were not compliant with the current Village code. Ian Lamont seconded the motion. All members approved.

Discussion was had regarding public hearing and board felt there was no need for a public hearing. The next step for this applicant would to go back to the Planning Board meeting in June.

Old Business:

None

Miscellaneous:

Secretary noted that Ian Lamont and Nancy Hughes had credit for 1 hour training session for 3/5/19 training given by Kristin Janke Schneider to Planning Board members on information for the Zoning Districts.

Joannie Bedient made a motion to adjourn the meeting. Nancy Hughes seconded the motion. All members approved. Meeting adjourned at 6:22 pm.

Respectfully submitted,

Kimberly Cairns
Zoning Board Secretary

Board of Appeals Minutes 2/12/2019

VILLAGE OF DELHI
ZONING BOARD OF APPEALS MEETING
February 12, 2019

Present: Bryan Boyer; Nancy Hughes; Joanie Bedient; Tom Little CEO

Absent: Antha Robbins; Chair, Kristin Janke- Shneider; Delaware County Planning

Guests: Richard Maxey, Ian Lamont

Regular Meeting

Bryan Boyer opened the regular meeting of the Village of Delhi Zoning Board of Appeals at 6:03 PM and asked everyone to stand for the pledge of allegiance.

Bryan Boyer asked for a motion to approve the minutes of the May 9, 2017.

Joanie Bedient made a motion to approve the minutes. Nancy Hughes seconded the motion. All members approved.

Miscellaneous:

Ian Lamont was introduced to the Zoning Board members as a future member of the board.

Nancy Hughes made a motion to adjourn the meeting. Joanie seconded the motion. All members approved. Meeting adjourned at 6.32 pm.

Respectfully submitted,

Zoning Board Secretary,

Amber Phraner

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