“It’s sad, as human beings, not to let an owner use a property as they want,” said Yates County Planning Board Torrey representative David Christiansen. He was referring to an area variance request presented to the board at the Aug. 26 meeting.
Peter McCarthy of Ezperanza Drive is seeking the variance because the front yard width requirement is not met in the current configuration.
The lot is a pre-existing non-conforming lot. McCarthy says the lot has been in the family for many years and should be “grandfathered” since it was owned pre-zoning.
McCarthy is proposing to build a small home on the lot, which is less than the size of Jerusalem regulations.
Neighbor Rolf Zerges said he and other neighbors oppose the construction for many reasons. “There was never a dwelling on the property and it will have topographical, legal and environmental implications. We believe building on the lot is not consistent with the Jerusalem Comprehensive Plan,” said Zerges.
Zerges also focused his arguments on parking, saying there was no room on the property and neighbors didn’t want parking along the roadway. “It could impede emergency vehicles access to the 12 properties on Esperanza Drive,” Zerges said.
Zerges went on to quote legal opinions. Chairman Jim Ritter told Zerges the members are not lawyers and were only asked to address the issue of the front yard.
Ritter said the town needs to figure out if the property is “grandfathered” or not. “We are not here to fight battles for the town, attorneys or owners. Towns have a right to do as they see fit,” he said.
The board referred the application back to the town. Ron Rubin and Christiansen voted against, saying it does have county-wide impact.
• JERUSALEM: An application for a special use permit from Myron White of 3269 Italy Friend Road to open a Bed and Breakfast was reviewed. Board members decided there was no county-wide impact and referred the application back to the town.
An application for an area variance to extend a deck into the mean high water mark by H. William Francisco at 2101 West Lake Road led to a brief discussion. When members decided there was no county impact, Ron Rubin voted “no,” saying property variances involving lakefronts could have impact on the county. Other members decided it is up to the Town of Jerusalem to make that decision.
• TORREY: Representatives from the Town of Torrey were in attendance to answer questions concerning the voluminous new zoning law. A committee has been working since September 2008 on completely rewriting the Zoning Code adopted in 1977. Two other drafts had been submitted to the county and were tabled for revisions.
Jerusalem representative Chuck Mitchell said he noted fuel tanks were mentioned but not wine tanks. Torrey representatives did not consider wine tanks as hazardous.
