NEWSTEAD
Zoning Board fails to act on storage units
The Newstead Zoning Board of Appeals has tabled action on a variance requested by a mobile home community on Main Road [Route 5] to build and operate on-site self-storage units.
The variance requested by James Felber, an owner of Golden Pond Estates, was the subject of one of three public hearings the board held Thursday at its monthly meeting in Town Hall.
Only three of the five board members were in attendance. And one of them, Peter Randall, would not be voting on the Golden Pond Estates variance because he is a vice president of the Bank of Akron, which has a business relationship with the petitioner. A minimum of three votes is required for passage.
So board Chairman William Kaufman, who is also a member of the Akron Village Board, said the hearing would proceed but no vote would be taken. Members Charles Kepplar Jr. and Scott Zitzka were absent.
Golden Pond Estates is not zoned for self-storage units. It can either obtain a variance, which requires proving hardship, or a special-use permit.
John Good, Newstead code enforcement officer, said a special-use permit could be issued annually if the owner proves that a minimum of 60 percent of Golden Pond Estate tenants are using the self-storage units.
But Felber said he also wants to be able to rent the units to the general public and does not want to “open the books” every year to prove 60 percent usage by tenants.
“I don’t allow sheds on the property,” he said, citing the need for storage units. He assured the board that no unregistered vehicles would be stored on the site.
Objections to the variance were voiced by Douglas K. Klotzbach of K2 Architecture, Clarence, on behalf of Paul Stephen, owner of Newstead Self-Storage, whose Main Road business is near Golden Pond Estates.
“Why should a variance be issued when there’s an existing facility that has plans for expansion . . . that is offering the same product?,” he asked.
“It’s better to have businesses that compete with each other . . . I can probably offer a better price to people who buy into the park,” Felber argued.
Kaufman commented that variances are not designed to “stifle competition.”
He advised Felber that his request will be taken up at the Aug. 27 board meeting.
After public hearings at which no objections were raised, the board OK’d:
• A setback variance on a corner lot at Utley and Clarence Center roads, where Joseph Kausner of Akron plans to build a 1,600-square-foot residence.
Under town code, the required minimum front yard setback from a town road is 50 feet and for a county road, 65 feet. The variance allows a 40-foot setback on Utley, a town road, and 35 to 40 feet on Clarence Center, a county road.
• A variance allowing Kreher Poultry Farm to construct a 10th large grain bin at 5411 Davison Road between 29.8 feet and 40.5 feet from the right of way. Under town code, the required setback is 65 feet.
Brett Kreher said the bin is for corn used to feed chickens that produce the company’s eggs. Kaufman noted a similar variance was approved two years ago, also for a grain bin.
The board has final say on variances, but construction and site plans for both the house and grain bin also face Planning Board approval.
