Zoning Board of Appeals
Village of Aurora

Minutes of Public Hearing and Regular Meeting
 Wednesday, August 26, 2009 

	The hearing was called to order at 7:02 pm by Chair Bonnie Bennett.  Present were:  
Board members Bonnie Bennett, Cathy Bellomo Patella, Ann Tobey and John Dentes; Bob 
Cerza, absent; residents Todd Zwigard, David Brooks, Debbie Brooks, John Place, CJ Koepp, 
Bill Dugan, and George Farenthold; Tim Cappuccilli representing Laura Holland; Village Clerk 
Dee Nance.

	The hearing concerned an appeal from  John Place and Cynthia Koepp of a denial of 
their permit by the planning board for their property at 327 Main Street, Aurora (181.16-1-26) 
on the basis of section 407.B of the Aurora Zoning Law that restricts parking in the front yard.  
A letter from the Zimdahls, who live across the street from the property, was read into the record 
and stated no objection to the request; the letter is placed in the file.  Todd Zwigard, the neighbor 
to the north, stated that he had no issue with parking in the front yard on the property because the 
driveway was steep below the turnaround.  Tim Cappuccilli commented that the Hollands had 
never sent a letter to Andy Fusco on this issue and had never received one.   He continued to say 
that the Hollands, neighbors to the south, do not oppose parking in the front yard but question 
whether the existing driveway was approved by the village.  The ZBA was unable to ascertain 
from the files whether the Planning Board had seen the final plans and recommended that the 
question be put to the Planning Board.  The Hollands do not oppose the driveway but want all 
applicants to be held to the same standards of compliance with the zoning law.
 
	There being no further public comment the hearing was adjourned at 7:10 pm.

	The regular meeting was called to order at 7:10 pm.  A motion was made by Cathy to accept 
the minutes of the public hearing and regular meeting of December 5, 2007, seconded by John, and unanimously accepted without discussion.

	Consideration of the appeal from John Place and CJ Koepp began with clarification of the 
project; an attempt was made to find the last plan submitted to the Planning Board in order to know
 whether the area in question was approved as a turn around or as parking.  The applicants maintain 
that the area was to serve as temporary parking; John asked if this concept of “temporary parking” 
was usual in the village.  The Chair stated that the Board was advised by the village attorney that this request should be considered an area variance, not a use variance.  There was some confusion about 
exactly what area on the property required a variance.  The applicants were requesting a variance for 
only that portion of the front yard that was between the principal structure and the street.  The Board maintained that a variance was necessary for the entire area of the proposed parking since the front 
yard goes from side property line to side property line.  The definition of “front yard” in the Aurora 
Zoning Law, Section 210.35, states: “An open space between a building and a street line and 
extending the entire length of the street line.”  The property has been approved for a home occupation 
with the understanding that four parking spaces are approved; the applicant maintains that the two 
lower ones are difficult in winter and parking on the street is also difficult.  The Board discussed 
other properties with front yard parking and the general necessity of guest parking to be on the street.  
John Dentes moved to approve the requested area variance to permit parking in the space identified
 in the 2007 survey by Anderson (included in the application); the motion was seconded by Cathy.  
After some discussion John amended his motion to add “and pending approval by the CPP”.   
Discussion continued by considering each of the standards for area variances set out in the Aurora 
Zoning Law Section 1103.F.1.  The vote was as follows:
	Cathy – yes, on the basis that this is a unique and different case because of the home occupation, 
and parking on the street is dangerous
	John – no, on the basis that this is not an unusual or unique situation and his desire not to set a precedent
	Ann – no, on the basis of her concern for setting a precedent and for appearance
	Bonnie – no, on the basis that this is not unique in Aurora and concern for appearance.

The motion was defeated and the variance denied.

	A short discussion ensued about the need to look over the new zoning law to familiarize 
ourselves with the changes and to be aware of any problems that have arisen from the amendments.
           
A motion to adjourn was made by John Dentes, seconded by Ann Tobey, and unanimously approved.  The meeting was adjourned at 9:15 pm. 

								Respectfully submitted.

Bonnie Apgar Bennett ZBA Chair