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Tim Horton’s Public Hearing: Town of Ellicottville ZBA Passes Variances Requests

Last Thursday, August 2, 2012 was the public hearing for Tim Horton’s restaurant /Miranda Development, at the regular meeting of the Zoning Board of Appeals.

A review of the project was presented by the board.  The current highway barn building’s roof will be removed, a second story added, and then will be converted to a multi-use building.  Tim Horton’s will be the primary tennant, with a 1900 sq. ft. restaurant, patio and firepit with seating, a drive-thru, 5-6 apartments, aand dditional tennants on the main floor.

Two variances were requested by the applicant, one for a reduced parking lot setback, the other for a reduced landscape buffer across the front of the property.  Discussion between board members and Ray Miranda covered the DOT land parcel purchase, and whether or not the sale would happen in a timely manner.  Details of the variance requests outlined a parking lot 4′ setback at its closest point, instead of the required 20 feet.  The landscape buffer, which would normally include 20′ of evergreens and grass , would vary from “greater than 0 to approximately 5’”.

The public hearing was closed, with no public comments, as no members of the public were in attendance.   A list of five test questions required by NY state law were read and reviewed.  The Board had the option of acting on the variance requests immediately, or taking up to 62 days to decide.  Because all members felt that the conditions of the state law had been met, the motion to pass both part one and part two of the variance requests was made and accepted.

The next regular meeting of the zoning board of appeals is September 6, 2012 at 6 pm.

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