SYRACUSE - If Capital One Realty Corp., Chicago, accepts the Syracuse Board of Zoning Appeal's proposed settlement of $2,000, they will be getting off much cheaper than if the case was taken to court.

Capital One Realty Corp. owns Turtle Bay Estates in Syracuse. In July 1998, they were granted an exception and variance provided they get a building permit for the office they had planned as well as a survey. As of August 1999, the corporation had failed to get either the permit or the survey.

At Thursday's Syracuse BZA meeting, Barry Coy, representing Turtle Bay Estates, said he thought the corporation was getting the survey completed, and the corporation thought he was getting the survey completed.

According to Syracuse BZA Chairman Mike Brown, the BZA could charge anywhere from $10 to $300 a day for the violation.

Coy said he will call the corporation in Chicago to notify them of the board's decision and have them contact the plan commission as to what the corporation plans to do. Brown said if the corporation opts not to pay the settlement, it will go to court. The board gave the corporation 10 days to pay.

Syracuse Town Manager Brian Redshaw said he thought the maximum allowable fine should be imposed on the corporation and the proposed settlement was lenient.

Turtle Bay Estates was at the board meeting Thursday originally to petition for a variance to allow an office to remain 12 feet from the right of way of Harkless Drive, zero feet from the east right of way and zero feet from a south right of way. The property is on the east side of Harkless and north of Bayview Drive.

There were discrepancies on the survey compared to the plat. In one case, the road right of way was 40 feet, making the office 17 feet from the right of way. On the survey, the road right of way was 50 feet, making the office 12 feet from the road right of way. Pins on the property that mark where the property ends could not be found to verify the distance from the right of way.

Brown moved to approve a variance permitting the office to remain 12 feet from a 50-foot road right of way or 17 feet from a 40-foot road right of way, whichever is more accurate. The building would stay where it is. The zero feet from the east and west road right of way are not to be considered because the board considers them to be private road rights of way within a mobile home park. The board also added the condition that two stakes be put in 12 feet from the road right of way to establish for future reference the location of the property. The stakes must be placed within 30 days and a permit for the building is still required.

The board unanimously approved the motion.

In other business, the board:

• Approved a petition by Michael Roach for a variance permitting the construction of a 17-foot by 20-foot addition zero feet from the north property line, a 16-foot by 19-foot residence addition zero feet from a north property line and a third residence addition (12-foot by 17-foot) 9 feet from a south alleyway. The property is on the east side of Lake Street and north of Carroll Street in Syracuse. The board required that the drainage off the roof not go into Roach's neighbor's yard.

• Approved Laura Miller's petition for an exception to construct a 12-foot by 16-foot residence accessory and a 30-foot by 36- foot accessory building on a commercial zoned lot and to allow the construction of an oversized accessory building. The property is on the south side of CR 1200N and east of Ind. 13.

• Approved Gregory Brunsell's petition for a variance to allow more than one principal use on a tract of ground and an on-premise parking variance (23 parking spaces when 29 are required). A Kentucky Fried Chicken is being added to a flower shop and a Taco Bell which are already on the premise. The board also approved construction of a new facade 20 feet from the east right of way and 30 feet from the north right of way. The property is on the east side of Fifth Street and Ind. 13 and south of Chicago Street. The approval was granted subject to the affidavit being delivered within seven days.

• Approved Adam Pamer's petition for a variance to construct a residence addition 5 feet 2 inches from the property line. The property is on the north side of North Street and west of Main Street.

• Approved both petitions for Jon Adams. Adams petitioned for an exception to construct a 24- foot by 28-foot accessory building on a lot where maximum size allowed is 24-foot by 24-foot in a residential district. He also petitioned for a variance to permit the construction of a residence addition 10 feet from the right of way of Carroll Street and 5 feet from a west line; a residence addition 5 feet from the right of way of North Lake Street; a deck 26 feet from the north right of way and a residence accessory 2 feet off the west property line and 14 feet from a south alley. The property is on the west side of Lake Street and south of Carroll Street. [[In-content Ad]]