BY JIM AUSTIN
THE COOPERSTOWN CRIER
The board of trustees has scheduled
a public hearing on a second
request from the Lakefront Motel
for a special use permit for a hotel
in a residential district.
The use is allowed by the village
zoning law with a special use
permit granted by the board of
trustees.
Currently, the Lakefront Motel is
considered a legally pre-existing,
non-conforming entity.
Lakefront Motel owner Paula
Wikoff wants to make changes to
the motel, but as a pre-existing,
non-conforming entity, her options
are limited.
Last summer, village attorney
Martin Tillapaugh suggested that
they seek the special use permit,
which would ratify its existence
and allow them to apply for the
changes.
But following a public hearing,
the board of trustees failed to
grant the request for a special use
permit. The trustees believed the
Lakefront Motel did not meet all
the requirements of a hotel under
the zoning law.
Since that time, some things
have changed.
Zoning enforcement Officer
Tavis Austin was asked in November
by Lakefront Motel’s attorney
Sarah Grace Campbell to make
a determination if the Lakefront
Motel did meet the requirements.
According to Campbell, the trustees
did not have the authority to
make the determination and the
decision to deny the permit was
``improperly made.’’
In a letter to Austin, Cambell said
it is the zoning enforcement officer
who has the authority. It was their
contention that it did meet the
requirements.
Austin said Wednesday that he
responded to Campbell’s letter by
saying the motel did not comply
with requirements for hotel
because the law says an owner or
agent thereof must be in attendance
at all times a room is rented.
In January, Cambell informed
Austin that an owner or agent will
be in attendance whenever a room
is rented.
He responded that the Lakefront
Motel now meets the requirements
of hotel.
``Accordingly, it is now my
official determination that the
Lakefront Motel is a legally existing
non-conforming hotel located
within the residential (R-2) zoning
district of the village of Cooperstown
based on the current definition
of hotel within the zoning
law,’’ he wrote in a January 28 letter
to Campbell.
In research prior to making
the determination, Austin found
that Lakefront Motel was granted
a building permit in 1957, but
motels were not even mentioned
in the zoning law until 1963 when
the district the motel is in was
changed from commercial to
residential R-2.
``It legally exists, it is only missing
a special use permit,’’ he said.
Last week the board of trustees
again asked the planning board
to make a recommendation
about the special use permit.
The planning board met
Tuesday and revisited the
issue.
Planning board chair
Charles Hill said the board
will forward its recommendation
that the board of
trustees grant the special use
permit.
``We basically still feel
there is no difference in the
operation of the motel as a
motel or hotel and it should
be considered a hotel. It
meets all the criteria of the
zoning law,’’ he said Wednesday
morning. ``A special use
permit should be granted.’’
Hill said that if the trustees
grant the permit, the
Lakefront Motel would be allowed
to apply for improvements.
``This is a ticket to get
them in the door. But it has
to be done according to the
zoning law and approved by
all the appropriate boards,’’
he said.
The board of trustees will
conduct a public hearing on
the special use permit during
its next meeting on March 15
at 8 p.m.
inactive
February 26, 2010
Second hearing scheduled for special use permit for hotel
- inactive
-
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