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13-75055 hON'.~ Sl'PER~'ISON l3urhart Gutzler LONING :~D~11N51'TRA"i'OR 13arhur,i Rohrrti ~ 1?R 1..0~1'VG tiE( f2ETARY Sur Rosr ~ I ?3 November 13, 2013 TOWN OF WAPpINGER ZONING BOARD OF APPEALS ~o nt}}~~Lr_~ust t Ro.a~ 11~.-1PPINUL~.RS FALLS. N1' I~>90 S-I?-~y7-h?j6 To: Michael Leonard Town Clerk From: Sue Rose, Secretary Town of Wappinger Zoning Board of Appeals Re: Prestige Mini Appeal No. 13-7505 Zoning Board of Appeals ] Io~~ard Pru~~er. Chairman l om Dellarnrtz AI ('a.ella Robert Johnston }'r(c r Galotti U3L~~L~OM~D Nov i s zoi3 TOWN OF WAPpINGER TOWN CLERK Attached you will find the original Application/Decision & Order for Prestige Mini, 1162 Route 9, Wappinger Falls, NY. Tax Grid No. 6157-04- 674155. I would appreciate it if you would file these documents. Attachments cc: Jennifer Van Tuyl Town File Building File Jim Horan Larry Paggi .l i t TOWN OF VYAPPINCCER P.O. Box 324 ~ 20 MIDDLEBUSH ROAD WAPPJNGERS FALLS, NY 1 2590 Zoning Board of Appeals Office: 845.297.1373 ~ Fax: 845.297,4558 Zoning Enforcement Officer Office: 845.297.6257 www.townofwappinger.us ~_ Application for an Area Variance Appeal # ~3 ~ ~~~~ 3E~CEIVE%% SEP I ~ 2013 PLANNING DEPARTMENT TOWN OF WAPPINGER ~ ~~~~~AL Dated : l ~ ~ ~ f `S TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK: Krisujen Realty, L.P. residing at985 Route 17 South, Ramsey, NJ 07746 I(We), 201.327.2525 (phone), hereby appeal -- to the Zoning Board of Ap20e~als frarm do hereby apply fo ~an area varglan e(s~istrator, dated i naPr Fall's, NY 12590 Premises located at 1162 Route 9 Wapr~ Tax Grid # 6157-04-6741 Zoning District H i -`-- n ~, o°~ rung ~~ a 1. Record owner of Propertyprogressive Casualty Insurance Co. Address PO Box 89429, Clevland OH 44101 Phone Number 440-603-7070 Owner Consent: Dated:. 7/31/13 _ Signature: Printed: 2. Variance(s) Request: Require 53 Feet Appiicant(s) can provide: Thus requesting: 22 Feet To allow: Automobile display structure (see attached elevation drawin and a ~hotoaraph of a similar display at a MINI dealership in Ramsev NJ Variance No. 1 I(We) hereby apply to the Zoning Board of Appeals for a variance(s) of -the following requirements of the Zoning Code. Front setback requi3enent from County/State Highway in HB District per "Schedule of Dimensional Regulations, Non-Residential Districts." (Indicate Article, Section, Subsection and Paragraph) • d. 75 Feet TOW022.ZBA-AAV (4-03 Rev) 1 of4 ,,~./~ ~ X Town of Wappinger Zoning Board of Appeals Application for an Area Variance Appeal No~}~~ 3. Reason For Appeal (Please substantiate the request by answering the following questions detail. Use extra sheet, if necessary): The appeal seeks permission to place a single display car in front of the building. Because the display car is on a concrete foundation, it has been determined to be a "structure" which is subject to front setback requirements. Display cars which are placed on berms on the ground do not require such variances and are permitted in the front yard. As background, the applicant proposes to build a "MINI" automotive dealership on the property. The proposed dealership main building will be set back from Route 9 approximately 175 feet. This is approximately 45-55 feet further back from Route 9 than the nearby buildings of Volkswagon (130 feet), Volvo (140 feet), and Valvoline (120 feet). The applicant is not proposing to place a row of display cars along its frontage, as do the Volvo and Volkswagon dealerships. Instead, the applicant is proposing to place only a single display car near its frontage. This focus on a single display car is part of the branding of the MINI line. MINI is thus proposing far less front yard automobile display than permitted under the zoning law. Display of vehicles within the front yard is permitted under zoning, and usually does not require a variance. The zoning code (section 240-67) permits display of one car for every 40 feet of frontage, which would permit six (6) cars to be displayed on the MINI site. Dealerships immediately to the south have substantial display in the front yard close to the highway, which did not require variances. The proposed display is in a location that is lawful for display, and would normally not require a variance. The reason a setback variance is required is due to unique physical factors relating to the MINI site. While the MINI display platform is located at ground elevation, in the same manner as any other display vehicle, the proposed spot for the display is a stormwater basin. Due to the topography of the site, this is the only appropriate location for the stormwater basin. Thus, the display cube has to be placed on a concrete pier and platform extending over the stormwater basins within the front yard. Based on the factors of the concrete pier and platform, the Zoning Administrator has determined that the display is a "structure" that accordingly is subject to setback requirements and therefore requires a variance. MINI is thus requesting a variance for display in a location that would ordinarily not require a variance. Attached sketches and photographs illustrate the appearance of the display cube and its pier and platform. C&F: 2249098.1 Town of Wappinger Zoning Board of Appeals Application for an Area Variance Appeal Nod A. If your variance(s) is(are) granted, how will the character of the neighborhood or nearby properties change? Will any of those changes be negative? Please explain your answer in detail. The variance will not change the character of the neighborhood. The area is zoned HB. The Volvo and Volkswagon dealerships are just south of the proposed MINI dealership, and have display cars located closer to Route 9 than the location of the proposed "Cube." The display pads for Volvo and VW are 35 to 40 feet back from the white line at the edge of the highway, and appear to be located right at the front property line of these sites. In contrast, MINI's proposed Cube is 95 feet back from the white line at the edge of the highway, and 53 feet back from the property line. The Route 9 right-of-way is exceptionally wide in this area of Route 9. Even though a setback variance is sought, the proposed display will still be located approximately 95 feet from the roadway. B. Please explain why you need the variance(s). Is there any way to reach the same result without a variance(s)? Please be specific in your answer. There is no reasonable way to avoid the variance. Because of the topography of the land, there is no alternate location of the stormwater basins. Since the basins are located in the area, it is necessary to provide a "structure" for the display area, and thus a variance is required. C. How big is the change from the standard set out in the zoning law? Is the requested area variance(s) substantial? If not, please explain, in detail, why it is not substantial. The applicant is requesting a 22 foot variance of the 75 foot setback requirement. The variance is thus less than 1/3 of the total requirement. This is not substantial. Additionally, the variance should be considered "not substantial" in light of the singular proposed display vehicle, as opposed to the six (6) vehicles that could be displayed along the frontage under section 240-67 (D) of the zoning law. C&F: 2249098.1 Town of Wappinger Zoning Board of Appeals Application for an Area Variance Appeal No. 7,~~ ~p 1~' D. If your variance(s) is(are) granted, will the physical environmental conditions in the neighborhood or district be impacted? Please explain, in detail, why or why not. There will be no impact on environmental or physical conditions. The applicant has performed a detailed analysis of the functioning of the stormwater basins and the location of the pier for the display structure will not impact the functioning of the stormwater basin. E. How did your need for an area variance(s) come about? Is your difficulty self-created? Please explain your answer in detail. The project's need for display is "self-created." However, the need for the variance is not self-created, since it is brought about by the topography of the land, which requires that the stormwater basins be located in the frontage of the site. F. Is your property unique in the neighborhood that it needs this type of variance? Please explain your answer in detail. The property is unique in that it is substantially lower in elevation than the properties to the south. These properties are inherently higher in elevation. In addition, the properties to the south have been regraded to provide berms for purposes of display. The Valvoline site appears to be located on a hill, which is substantially higher in elevation than the proposed MINI site. The higher elevation of the properties to the south, and the location of the Valvoline building close to the road, would tend to make it more difficult for a driver to see the MINI site in time to plan to enter the right-most lane to enter the site. This unique character of the topography and existing obstructions to the south is another factor in support of the variance. C&F: 2249098.1 ,., • ~ "town of Wappinger honing Beard of Appeals Appiicatlon for an Area ari~nye . ~ Appeal No. _U i~ ~~ E. Flow did your need for an area variance(s) came about? Is your difficulty self-created? Please explain your answer !n detail. SEE ATTACHED SHEET • F. Is your property unique in the neighborhood that is needs this type of variance? Pease explain your answer {n detail SEE ATTACHED SHEET 4. List of attachments (Check applicable Information) Site Plain August 19, 2013 and ~ } F gated r Last Revised Prepared by .Lawrence J Paaai p-E- (x} Plot Plan Dated , August 19 2013 (x} Photos showing similar structure ' (~ Drawings Dated 9/16/13 Showing prSTpQSed structure (x) Letter of Communication which resulted in application to the ZBA. (e,g., recommendation from the Alann/ng Board/Zoning Denial) 9/17/13 A licant' s attorne 'Dated : ' Letter from P Dated Letter from See cover letter '. ' O Other (please list): 5. Signature and Verification Please be advised a o lication can be deemed complete unless signed be{ow. The applicant her by t tes t tail information given is accurate as of the date of application. KRISU.7 N TY L.P. DATED: SIGNATURE By' (Appellant) Christopher Turner, Vice President SIGNATURE DATED: (If more than one Appellant) TOW022.ZBA•AAV (4-03 Rev} 3 of4 ORIG7A'Al Town of Wappinger Zoning Board of Appeals Application for an Area Varia e Appea I (~Q1 FOR OFFICE USE ONLY ' 1. The requested variance(s) ( )WILL / (X) WILL NOT produce an undesirable change in the character of the neighborhood. ( )YES / (~ NO, Substantial detriment will be created to nearby properties. 2. There ( ) IS(ARE) / (~ IS(ARE) NO other feasible methods available for you to pursue to achieve the benefit you seek other than the requested variance(s). . 3. The requested area variance(s) ( ) IS(ARE) / (g) IS(ARE) NOT substantial. 4. The proposed variance(s) ( )WILL / (~ WILL NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 5. The alleged difficulty ( ) IS / (~ IS NOT self-created. 6. The property ( ) IS / (~ IS NOT unique to the neighborhood. Conclusion: Therefore, it was determined the requested variance Be (~ GRANTED ( )DENIED. Conditions/Stipulations: The following conditions and/or stipulations were adopted by resolution of the Board as part of the action stated above: . The ZBA has voted to .grant a 22 foot frQnfi 3~r~i varianra fnr an a~itmm~hi 1 a ( )Findings & Facts Attached. DATED: _~.~o,.,~,o,- i_~, ~ni~ ZONING BOARD OF APPEA TOWN OF WA FINGER, N ORK BY: EChairman) PRINT: ~~~~~ ~~~~'` TOW022.ZBA-AAV (4-03 Rev) 4 of 4 Town of VVappinger 20 MIDDLEBUSH ROAD RECEIVED WAPPINGERS FALLS, NY 12590 ~~~ ~ 7 2013 Planning Department PLFlNNING DEPARTMENT Office: 845.297.6256 ~ Fax: 845.298.1478 TOwN o,= wAPPiNGER www.brobertintownofwanpinger.us Owner Consent Form To be filed when the applicant is not the buildingpro er owner Project #' ~ ' 7,~ 0 (p Date: 7-31-13 T Grid # 6157-04-674155 Zoning District: HB - Hi wav Business Location of project: 1162 Route 9 Name of Applicant: Krisuien Realty, L.P. (Presti e Minil Print name (Corporation, LLC, Individual, etc.) Description of project: Proposed Site Plan for Car Dealership Including Construction of a New Building and Associated Parlcin~ Area. I Ron Marotto owner of the above land/site/building hereby give permission for the Town of Wappinger to approve or deny the above application in accordance with local and state codes and ordinances. Progressive Casualtv Insurance Co. Print name (Corporation, LLC, Individual, etc.) 7-31-13 ,;~ ~~•~ Date Owner or representative's signature 440-603-7070 Ron Marotto - VP Owner's Telephone No. Print Name and Title *** PO Box 89429, Cleveland Ohio 44101 Owner's Address *** If this is a Corporation or LLC please provide documentation of authority to sign. If this is a subdivision application, please provide a copy of the deed. 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