City Planning Board to re-evaluate current parking variances
By MICHAEL RUKAVINAArticle Photos
There aren't many out there, but following a recent request, the city of Dunkirk Planning Board will be looking to update current and future parking variances within the city. At the current time there are only 20 or so variances which allow individuals to park on their lawn or anywhere between the sidewalk and the road.
The discussion stemmed from a request by a tenant at 92 Ruggles St. who was on Wednesday's agenda but not in attendance.
"We haven't approved a parking request since 2002 and there is a request to park between the curb and the sidewalk," Kory Ahlstrom of the City of Dunkirk Planning Department said. "We are the sole voice of authority on this particular issue. As long as they meet three criteria we can grant this variance ... however, it is my humble opinion that we have approximately expertise in determining number two of the criteria."
The second criteria Ahlstrom spoke of stated that there is a demonstration of no traffic safety hazard, an issue which the board will be collaborating on with the city police department and department of public works. The other two criteria state that no adequate off-street parking exists at the residence (driveway), and that the applicant has demonstrated extreme hardship, such as by showing an ambulatory or other disability.
According to Ahlstrom, 17 of the 20 or so variances were granted between 1991 and 1993 with the first being granted after the city amended the charter on Aug. 6, 1991.
"We have given approximately 20 or so of these variances in the past. They have been given without a pre-defined expiration date and without specificity as to whether it goes with the house, the person or the automobile," he said. "The city attorney suggested that it wouldn't be a bad thing to send letters to all of these individuals that says we're reviewing our parking variances and having them all re-apply. Half of these people likely don't live in these spots anymore."
The resolution was passed that the department of planning send a letter to all existing residential variance holders asking them to re-apply before the board's January meeting. Possibly limiting the variance terms was discussed but no set date was made. Variances granted to businesses, some no longer in existence, were discussed, but no letters to re-apply will be issued at this time. The variance request at 92 Ruggles St. was also tabled for review of criteria number two.
In other news:
Family Video is still moving forward, according to the board, even though construction has been delayed by the demolition process of the old Four Seasons structure.
"Family Video is still proceeding and what I've been told is doing some clean-up work on the site," Ahlstrom said. "There was, I believe, small amounts of asbestos in the floor. Before they could demolish it had to be removed per state guidelines. I spoke with the building inspector about it a week ago and the project is still a go. They wanted to get open very rapidly and now that this has happened, I don't know if they're going to shoot for a spring-type construction."
Discussion continued regarding the parking lot at Spa on the Avenue in Dunkirk. Following some homework Ahlstrom said the area in question is not a sidewalk and not subject to the requirement to be paved. The street does not have a sidewalk and would need to be requested by 51 percent of the residents on that side of the street and then all neighbors would be required to put in a sidewalk at the property owners' expense.
Mr. Taylor of Wilson Avenue, who presented the questions to the board, also hoped some answers could be generated regarding the security light installed by Spa on the Avenue owner and why it is allowed to shine the way it does on his property.
The board will be looking to speak with Building and Zoning Officer Al Zurawski as to whether or not light spillage is something that can be enforced in this situation and also encouraged Mr. Taylor to voice his concerns again during the open portion at the Common Council Tuesday meetings as the planning board has no authority over his concerns.
Comments on this article may be sent to mrukavina@observertoday.com
