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Planning Board Zoning Board Water Board Common Council

June 2008
January 2008

A meeting of the Johnstown Zoning Board of Appeals was held on January 17, 2008 at 3:45p.m., in the Council Chambers, City Hall. 

PRESENT: 
George Kline                         :  Chairman
Fredrick Franko                    :  Board Member
Joseph Hanchar                   :  “                   “
Jack Valachovic                    :  “                    “
Peter Raneri                           :  “                    “
Christine Krempa                   :  “                    “
Susan Palmer Johnson            :  City Attorney
Bruce Heberer                       :  Fire Chief
Cathy A. VanAlstyne              :  City Clerk
Kay B. Cole                           :  Liaison 

APPEAL NO. 1 – ALAN HOUSE – 208 E. Fourth Ave. 

Mr. House is asking for a Use Variance to erect a sign on property he owns, advertising his painting business.  The property is on the corner of FonClair St. and E. Fourth Ave. and is zoned B Residential.  He wants the sign to face Route 30A.  The City Code only allows a sign no more than 4 square feet and must be fixed to the house.  Mr. House wants to erect a free standing sign, 4 foot by 8 foot, which would make the sign 8 times larger than the code allows.   

Mr. House stated that there is no other use for this property because it has a sewer line running through it.  He said advertising is very expensive and has not advertised in the newspaper or phone book.  He does have a sign on his truck, flyers and business cards.  He has been in business since the beginning of 2007.  Prior to that he worked for his landlord.     

Mr. Valachovic said this would set precedence for signs in the area.  Chairman Kline said we have to keep the area residential and proposed not to allow a sign in this area.  Other signs north of FonClair St. are in a commercial zone.  Mr. Franko said we have to interpret the law and there are specific set of circumstances that allow for a variance.  He agrees with Chairman Kline.  Mr. Raneri wants to maintain the integrity of the neighborhood.  It was suggested that Mr. House put a sign on the house but he said no one would be able to read what it says from 30A. 

Chairman Kline made a motion to deny Mr. House’s request for a variance to erect a 4’X8’ stand alone sign because Mr. House was unable to show an adequate need or hardship.  Motion was seconded by Mr. Franko.  Motion carried. 

A motion to adjourn was made by Chairman Kline and seconded by Mr. Franko.  Motion carried. 

Respectfully submitted, 

Cathy A. VanAlstyne
City Clerk