ZBA OKs 3 requests, tables 1

By Sheryl Roadcap - sroadcap@sidneydailynews.com

SIDNEY —The Sidney Zoning Board of Appeals (ZBA) approved two variance requests and a conditional use permit, but tabled a third variance request during Monday’s meeting.

The tabled request of Tom Martin was for a front yard setback for an accessory building from a street frontage at 901 Fair Road in the R-1, single family residence district. Martin’s variance request proposes constructing a 16-foot by 43-foot garage accessory to the dwelling for storing a motorhome

The request was first tabled in October until the November ZBA meeting while Barbara Dulworth, community development director, conducted more work to identify an extraordinary circumstance to accept the request. Dulworth had recommended the board to deny the request because city staff was unable to find extraordinary circumstances that do not generally apply to this neighborhood and district.

Dulworth said Martin requested the meeting be tabled until the December meeting. She noted the Planning Commission meeting, scheduled later in the day, which included a replat request of land, may solve his problem.

The variance request of Cargill Inc. to allow the construction of a parking facility at 2400 Industrial Drive was approved by the board. This property is in the I-2, general industrial district. The proposed parking facility is located at the far western point of the property, between the CSX mainline and siding.

The proposed gravel parking facility, with concrete strips for the trailer landing gear, Dulworth said, would provide off-street parking for 76 semi-trucks/trailers. The zoning code requires all parking and loading facilities and vehicular use areas be paved. While it is not defined in the zoning code, the generally used definition of “pave” is “to lay or cover with material (as asphalt or concrete) that forms a firm level surface for travel,” which she said is defined by the Webster-Merriam Dictionary.

Dulworth noted trucks entering Cargill queue up onto Industrial Drive or Vandemark Road while waiting if there is not adequate provision to queue up or store on-site. This is a safety issue for the general public and emergency services response issue if trucks are queued on the street and blocking drive entrances.

The board approved the request due to the extraordinary number of trucks entering and exiting Cargill, and due to the safety benefits to the community of having trucks off the streets.

Also approved Monday was the request of John Frantz, on behalf of Quest II, for a conditional use permit for “other service commercial use” at 1315 Fourth Ave., located in the B-2, community business district.

Dulworth said the property has been used for the storage of merchandise, with occasional repair activity, for at least 18 years. Because the property is not regularly occupied, appears vacant, and the city did not have a record of use/occupancy, a notice to register as a vacant property was sent to the owner. After reviewing how the property is used with John Frantz, staff determined that a conditional use permit is required.

She said while the use of this property is primarily warehousing, which is not a principally permitted use in the B-2 district, appliance sales and service is a permitted use. Because service and repair of household electronics/appliances is occasionally carried out at this location, the use is not strictly warehousing.

The board OK’d the conditional use permit request based upon compliance with the following conditions listed in a section of the code:

• The property must be maintained in good conditions, with no property maintenance violations or accumulation of junk, trash, litter, or high grass and weeds; and

• The business must be conducted in compliance with all federal, state, and local laws and ordinances.

The final request approved Monday was that of Terry Cupp to construct a 10-foot by 10-foot accessory building at 1511 Port Jefferson Road. The property is a single family residence on five parcels, in the S-1, suburban residence district, at the intersection of Port Jefferson Road and Bon Air Circle.

There are no accessory buildings currently on the property, Dulworth said. Cupp is requesting a variance to allow an accessory building in the front yard with reduced setbacks. The property is a corner lot. The zoning code requires front yard setbacks for all structures from both street rights-of-way. It also requires detached accessory structures be in the rear yard. Due to the triangular shape of the property, she said there is no rear yard as defined by the zoning code.

Therefore, the board approved the request due to the severe angle of the street intersection and the triangular shape of the lot, as there is no rear yard on this property in which to construct an accessory building. Also city staff found other properties in the neighborhood and district have accessory buildings located in the side and front yard.

Board member Jim Fortkamp was absent Monday.

By Sheryl Roadcap


Reach the writer at 937-538-4823.

Reach the writer at 937-538-4823.