Zoning Hearing Board - Regular Meeting

so so so so Thank you. Bye. Bye. Thank you.

All right, good afternoon. It is Tuesday, August 11th at 103 p.m. We will call this zoning hearing meeting to order. Can you please stand with us and do the pledge to the flag?

I pledge allegiance to the flag of the United States of America,

Amy, can you proceed with roll call, please?

Absolutely. Mr. Sebald? Present. Mr. Johnson?

Present.

Mr. Dawson has been excused. Ms. King?

Present.

And Ms. Gunchin, there's a slight change. Dr. Matthews has been replaced, or is there a replacement for Ms. Gunchin, who had to resign this month, and she is also under the weather today, so we apologize. We also thank her for her service. And Dr. Matthews. I'll throw you right in there, thank you.

All right, so we do have a quorum. Again, I'd like to reiterate, welcome Dr. Matthews to the Zoning Hearing Board, and also we do thank Laura Gunchen for serving as our chair and being a member with us for the number of years that she served with us. There is no new business, so no approval of the meeting minutes, and no voting or outstanding decisions to go, so we are ready to hear the cases for today, Amy. Thank you.

Okay, very good. We can start with the first appeal if you guys want to come up. Our court reporter is online, so if you could all make sure you're speaking very close to the microphone, make sure they're green so that they can hear us. Court reporter, if you could just chime in and let us know you're ready. Yes, I'm ready. Thank you very much. If you have any questions, please feel free to let us know. You should have the seating chart for where everybody's sitting. Okay. This is appeal number 13340. It's by JNB Development LLC for a property located at 148 Niagara Point Drive, bearing index 17-4037-305. They're seeking a dimensional variance to expand a nonconforming use for a one-family dwelling in a WC waterfront condition. excuse me, WC Waterfront Commercial District, per Section 301.2B of the City of Erie Zoning Ordinance, the maximum expansion of a non-conforming use is 50%. And the court reporter will swear you guys in, and if you could just make sure you speak very clearly.

Do you swear referring what the testimony you're about to give will be the truth, the whole truth, and nothing but the truth?

Yes. Yes.

Attorney Agresti, before you get started, for the corporator, this is Lydia Caparosa. I just wanted to advise, we only have four members of the panel here today, so to the extent that it is a split decision, that would be a deemed denial. So it is within your prerogative of whether you wish to proceed and wait until we have five members here, or if you wish to proceed with the four that are before you.

We're okay proceeding with the four. Thank you for that advisement. And thank you for the time today. Dr. Matthews, my name is Michael Agresti. It's nice to meet you. And this means everyone else. I know I've been in front of this panel a few times. We appreciate your time today. With me is Jodi Arbanas. And she came at some great peril. She was stuck in New England and had no flights, but she wanted to be here, so she took a ferry, took a plane, took an Uber, took a car, and just got into Erie. So we're glad that she's here. Her and her husband are the owners of J&B Development LLC, which is the actual title owner of the property. This is a private family residence, however, that the Arbonis family uses as a family summer getaway. They reside in the Hermitage area and they come up to Erie in the summers and perhaps sometimes in the winters to use this space. If you've been out on the water, you'll know that there's three very nice identical homes that were constructed fairly recently just to the west of the Niagara Pier. This home isn't one of those, but it's right next door to those. It's a bit of an older cottage, and it has no garage at this time. And as Jody will explain in her own words why that's important to her, the variance is to construct a garage to add to the existing structure along with a second story living area above it. This is a very unique property in terms of its size. It only is 18.22 feet wide. It extends very long into the bay, but only about 0.09 acres. Well, that's the acreage with that, but only about... 1,200 square feet is usable land above the water level. So it is a unique physical circumstance that we have here. The hardship that exists here is there's really no other way to construct a garage on this property. And a garage is important for both safety and, as Jody will explain, there's been some issues down along that part of the bay front. It is the smallest possible addition that can be done to be able to put a car in there. There's really not going to be a lot of space on either side with only 18 feet to work with to begin with. What they're seeking to build is the smallest possible footprint to still make it usable. It really is... I would like to say it's a de minimis exception. Attorney Caparosa can advise you on what that means, but we are only 100 square feet above what would be allowed in this zoning district. We're allowed to build without a variance up to 50% of the existing square footage, and we're just missing that by 100 square feet. in and of itself, we think is reason enough to grant the variance. But even if it were considered a non-de minimis exception or a non-de minimis variance, we do believe it meets all of the requirements. I did submit a paper that outlines all of that. I don't want to repeat all that for you. And use up your time and make these good folks back here wait any longer than they have to I'd like Jody to speak a little bit about why this is a necessary addition to their property Yes, this is for family use only which means myself and my two daughters and my husband Myself and my daughters are there alone frequently by ourselves going in in the evenings and

The neighbor has found a gentleman in his shed taking home there. We are in the Niagara Point residential area, which is gated, which gives me a false sense of security until now. So we would like to be able to keep our car in the garage when we enter in the evening and also for the large trees that are above coming down, the limbs coming down onto the cars. It is a personal home. It is not short leased or rented at any point. It is for family leisure only.

Does anybody have any questions for Jody or myself?

It's just going to be for your own use.

Only our own use, yes.

So how you get to there, the driveway behind there, is that just a shared access agreement?

Yes, we have a winding driveway, dirt driveway that goes down to the three condos. And then there's a commercial building where the gentleman used to make sales. And then our two small cottages. And we would be putting the garage going back on the opposite of the lakeside. So it'll be attached to the cottage, going back away from the flood zone and the water.

And then how close is the garage door to that driveway that provides people access to the rest?

Oh, it's at least a car and a half to two car lengths.

It is now.

Oh, it would be after. Yes, you could still park vehicles behind it.

Amy's got up on the screen there a depiction of the... of the lot lines in Niagara Point Drive. And you can see the cottage itself right now is only about... Michael, could you please speak into the microphone?

Sorry, guys. Just so the court reporter can hear everything. If everybody can just bring those close when you're talking. Thank you.

So what's on the screen now is what exists currently. And the cottage itself in the blue rectangle is approximately 25 to 30 feet long. And so you could see that Without the garage currently, you probably could go back at least three more of that same distance before you get to Niagara Point Drive. So there's a way to measure this online. We could give you a more precise number, but I would say it's at least an 80-foot distance between the southern edge of the existing building to the road. And the proposed addition, I want to say it is going to be... I know I have a dimension on here. I have a dimension on here somewhere. Let me give that to you. It totals 22 feet. So 22 more feet off the existing building plus a six foot deck. So a total of 28 feet. We think there's ample room behind the existing cottage. It wouldn't be crowding that road in any way.

So it would be essentially even with the Guide of the West? No. It's going to be much shorter.

Yes.

Thank you.

Are there any other questions from the board? Alright, thank you.

Thank you for your time.

Is there anyone else to speak in favor? Anyone else to speak in favor? Is there anyone to speak against? Anyone to speak against? Hearing none, Are we ready to call for the vote? Amy?

Okay, this would be voting in favor of the addition. Mr. Sebald?

I would be yes.

Mr. Johnson? Yes. Dr. Matthews? Yes. And Ms. King?

Yes. Okay, four to zero, vote has cleared.

We'll be in, or you can contact, we could start the next process. Thank you.

Ready? Okay.

Okay, if the fairies want to come on up. And this will be appeal number 13341 by Sean and Lynette Ferry. This is for a property located at 3506 Bird Drive, bearing index 18-5147-303. And they are seeking a front yard setback and garage door setback variance for a garage addition in an R1 low density residential neighborhood. Per Section 205.2 of the City of Erie Zoning Ordinance, the front yard setback is the average of the block, plus or minus five foot. Per Section 205.14 of the City of Erie Zoning Ordinance, garage doors facing the street shall be 20 feet. And if you guys don't mind, we'll get you sworn in.

Do you need any assistance with that?

I think we're good. Do you swear or affirm that the testimony you're about to give will be the truth, the whole truth, and nothing but the truth? Yes.

Yes. Thank you.

Just want to put this on the record before we get started. Again, for the corporate, this is Lydia Caparosa. With respect to the applicants, I do work with Lynette Ferry over at McDonald Illig, and we are good friends, and I know her husband as well. We have represented them at the firm in the past in relation to matters unrelated to this particular application. I have advised the fairies regarding my representation of the zoning hearing board and this whole process and how this functions and that for purposes of just clarifying, willing to waive any conflicts on their part relative to me representing with the board. And if they could just indicate on the record if you were willing to waive any conflicts, I'd appreciate that.

Yes.

Yes. Thank you.

Okay, you guys may present your case.

Yes, my name is Sean Ferry. I am the property owner at 3506 Bird Drive, along with my wife of 25 years, Lynette. We just wanted to thank you for the opportunity to present a couple points about the request for the variance of our property. The main concern is safety above everything else. We've been there just over 10 years now. And as photos have been presented, the size of our garage is too small for our handicapped van. So for 10 years, we've been having to be Pushed up into my handicapped van when it's raining or snowing which you know we get a lot of in Erie Between myself and my 430 pound power wheelchair I'm a 620 pound package that my wife has to push up into the van during inclement weather and And when my tires clog up with snow or get wet, they spin on the ramp, which causes out of control turning and twisting. One of my main concerns above possibly tipping my wheelchair or sliding off into the mud or something would be my wife's back. You know, when she's trying to push me up the ramp or trying to catch me when I'm sliding down while trying to get out of the ramp. My wife's also my main caregiver 24-7. She gets me out of my chair into bed every night and up every other morning into my chair. If she hurts her back trying to push me up into our van for me to go to an appointment or something, That would really put a dent in my quality of life and our daily routine. That's why we're asking for the ability to turn our small one-car garage into a two-car garage, giving our van room so the ramp could come down and I could load indoors, especially during our winters. The way our property's set up, Our property line's very close on both the north and south sides of our house. So there's no room for us to expand on either side of the house. Therefore, our only option is to move closer towards the road. It's my understanding that according to the three houses on our block, that I would only be allowed a distance of five feet towards Bird Drive. because of the setback rules. Our variance is requesting 10 feet because, as you can see from a drawing that we presented and our land survey, if I could go towards Bird Drive 10 feet, that would give me room to turn our one-car garage into a two-car garage. And it's my understanding we're really only asking for an additional five feet. to make this available to us. And with us being there at the property for 10 years, we put a lot of money into the home to make it ADA accessible. And it's our intentions. We're going to make this house our permanent forever home. And having the security of knowing I can get in and out of the van without causing harm to myself Or my wife, it's very important to us, that's why we have this request. Four of our immediate neighbors have all sent in letters of support. They've witnessed our process of getting in and out of the van. They can't believe we haven't come to you earlier with this. But we feel that we're just now at a point where we would be able to move forward with this with your permission. As I did say, you saw photos of our current condition, and we feel very strongly that a two-car garage would help us out a lot in the future, especially as we get older, and the weather's not going to be changing in Erie, so it's a permanent need. I think that's all I really wanted to bring to your attention. I thank you for your time.

Mrs. Ferry, did you want to say anything?

No, I don't. I mean, I'm behind Sean 100%. As he has stated, it is sometimes hard to get him in and out, especially in the winter. He does, in the wintertime, does slide. So his tires just spin and spin.

Sorry, I'm having a little bit of trouble hearing.

Thank you, Lynette. I apologize. So there have been times in the wintertime where my husband's tires will just spin, so then I have to get up behind him and push him in. Sometimes the van, I have to go and clean underneath of the van when the snow gets too deep because our door will not open. So that is also stress for me. That's about all I have. It would just be so much easier if we could get this addition for his safety than for mine.

Any questions from the board?

So it's the same question I asked the other people. So if you get the addition, how much space is there from the front of the addition, in your case, to the side?

I believe that there were some drawings that were submitted, and I would hope that that would have it on there. I can't give you the exact because I don't know that. I don't know how to read those.

It's on the survey. It looks like 18.5 feet to the property line.

That's the property line, right? And then they don't really own where the sidewalk is?

Um, that's just their property line. So no, it looks like now that the sidewalk is not included in.

Yeah. Tom, if you look at the one drawing, I'm looking at it. Yeah. The sidewalks look like they're in the right of way.

Okay. Thank you.

I'm at the map. Sorry from the city. Just want to add to the record, the fairies indicated that there were some neighbors that submitted letters of support. Secretary Francis did receive four letters, or emails rather. One was from Kathleen and Mark Krishiak indicating that they're in support of this variance. And then we also received one from Deb and Dennis Christopher, also next door neighbors, and they indicated that they were in support of this and that all of the neighbors would agree. And as well as one from Kirk Lavin's or Alan Lavin's regarding this variance and supporting that as well.

Thank you.

matt just to clarify so that we know what we're granting variances for it's really two variances one is for um the front yard setback which i think is five feet and then the garage door has to be a minimum of 20 feet from the front property line so we're asking for a variance of 1.5 feet is that correct that is correct

I have nothing further. No other questions? Okay. Thank you so much. Is there anyone else to speak in favor? Thank you, Mr. and Mrs. Ferry. You may have a seat, please. Thank you. Hi, my name is... Please say your name and be sworn in, please. Oh.

Please swear from what the testimony you're about to give will be the truth, the whole truth, and nothing but the truth.

I will.

Thank you.

My name is Kathy Schaaf. I'm a citizen of the East Side Erie and I actually grew up in the neighborhood the farriers live in and knew the people who had formerly lived in that house and I walked up and down Bird Drive. I don't see a problem with it. I still am involved with the neighborhood because I don't live that far away and I have relatives in the neighborhood as well. What I see and the walkings that I do there really wouldn't be a problem because the sidewalk is still intact and Bird Drive is still an accessible road. What is a little different, what I'm going to say is, because I knew the people, like, I really knew what kind of people they were, and they're, my belief, in a better place, but they're like with us right now, cheering this on, I know. that because they're really good people, and he worked for the Erie School District and was a hands-on person, always building things for our parish community and things like that. That's a tight-knit neighborhood when I was growing up. And like they mentioned, their neighbors have affirmed this by letters. So there's still that tight-knit community from the 1960s, 70s, 80s, 90s, and now 2026. Nowadays, people are staying in their houses longer. And, uh, as a person right now, I'm dealing with my friend who's dealing with that and, and another situation from last year, instead of moving into nursing facilities where there's that disconnect, this is what my friend's dealing with right now. Um, they want to stay in their home because of the social, emotional wellbeing versus a nursing facility where often I have witnessed this short firsthand. Um, their shorthandedness right now in many facilities in our area. So I would affirm this situation to let them stay in their house as long as they can around their neighbors. There's a situation where people have walkie-talkies, this is not them, all around them, and so they're using the walkie-talkies to help them out, not in Erie, but outlying area. But anyways, I just want to say, because of myself walking around the neighborhood the way I do, and knowing the layout I don't see a problem with this. Thank you.

Thank you. Is there anyone else to speak in favor? Is there anyone to speak against? Anyone to speak against? Hearing none, Amy, we're ready to call for the vote.

Excuse me. The vote to pass both dimensional variances. Mr. Sebald?

Yes.

Mr. Johnson?

Yes.

Dr. Matthews? Yes. And Ms. King?

Yes, and Mr. Ferry, I did want to say, I saw in the email that it said that you were a veteran, so thank you so much for your service.

Thank you, four to zero, your variance has passed, so we can get you started on the building permit.

That concludes all of our hearings today. We don't have any unfinished business, but we do have a reorganization meeting, so.

Yes, with the resignation of previous chair Laura Gudgeon, she did resign after years of service, and she's now serving on the Port Authority Board. We do need to elect a new chair of the board, so that would be what we would need to do.

I would nominate Selina for that.

Mr. Sebald, could you please speak into your microphone?

Yes, I would nominate Selina for that. I second.

Thank you. So call for the vote.

Call for my own vote. OK, can we call for the vote, please?

OK, Ms. King will be the new chairperson moving forward.

Thank you all. So we'll need to move forward then with electing a new vice chair.

Is there a nomination? I will nominate Jeff Johnson.

I'll second that.

OK. And all in favor? Aye. OK. Mr. Johnson, thank you.

Thank you.

If there is no other business, there's no other positions, correct? No.

Correct.

Seeing there is no other business, I will take a motion to adjourn. Is there a second? Second. Thank you all. This meeting is adjourned. Thank you all.

Are these my copies or is this the one copy? Does this go to Lydia?

Thank you.