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HomeMy WebLinkAbout1995-06-05 - BZA TOWN OF ULYSSES ZONING BOARD OF APPEALS HEARING JUNE 5 , 1995 TOWN HALL PRESENT : CHAIRMAN : KEN CHRISTIANSON ; MEMBERS : RUSSELL CARPENTER , GEORGE TSELEKIS ; BUILDING / ZONING OFFICER : ALEX RACHUN ; SECRETARY : ROXANNE SMITH GUESTS : JOHN GORSKY ( APPLICANT ) , TOM AND CAROLINE MCGORY ( SOUTH NEIGHBOR ) , DANIEL HIRTLER ( ARCHITECT ) The hearing was called to order at 7 : 30 PM . Mr . John Gorsky has requested a variance under Article II , Section 6 of the Zoning Ordinance . He would like to build an addition to a house that is w ithin the side yard set back requirements . It was denied under Article V , Section 2 , in that lake property requires a side yard n o less than 5 feet . The property is located at 6 Maplewood Pt . , Ithaca , New York . The tax map number is 29 - 1 - 16 . q. The Chairman requested the guests to introduce themselves . He then asked for a history of the property ( of Alex ) . About 20 years ago a legal permit was issued in good faith to build an addition . The permit ended up not conforming to all the ✓ equirements of that permit , as a result it became an illegal permit . The addition encroached on the property set back . Mrs . McGory stated that her mother ( who was the original owner ) had agreed that if they stayed 3 feet within the property line she w ould approve it . The permit was granted with that stipulation . In actuality they built over the property line . They were asked to remove it back to the 3 feet . They refused ; the Zoning Board ( in a third hearing ) said they had to remove the building . The Chairman asked if there was a firm idea where the property ' line was ? Mr . Gorsky stated that after Mr . Christian had stretched a rope from one stake to another today , they had an even better idea . The Chairman pointed out that as long as the building was 1 foot , 6 inches in from the property line , the neighbors had no o bjections . Mr . Gorsky said he had no problem with it either . It w ill basically be used as a storage area . It will be open on 3 sides . The Chairman asked about the water run off ? Mr . Hirtler stated his impression was that the gutter would eventually tie in to the main gutter system and run off in an appropriate area . Mr . G orsky said that he plans on having it run off into a dry well area that would run down into the lake . He would prefer to keep it a d rier area . The architect stated that a surveyor will be placing the stakes for the builder . Alex stated that County Planning ✓ aised the issue of maintenance on the building when it has to be painted or repaired . How easy will it be to extend a ladder while ✓ emaining on Mr . Gorsky ' s property ? The architect stated that the building could be accessed from the front and the back . There is n o facade that needs to be maintained . Mr . Tselekis noted that the map said 1 . 6 feet instead of 1 . 6 inches . Mr . Hirtler said that the surveyor told him they had 10 . 6 feet to the property line and they are not going to create a building that eats up every inch . The cost of the building materials is involved . They will build a 9 TOWN OF ULYSSES 7 ZONING BOARD OF APPEALS HEARING 2 JUNE 5 , 1995 foot carport , instead of a 9 foot , 1 inch , or 9 foot , 2 inch carport . That is the overhang . The structure is a foot in from there . He had not considered the gutter , but it will end up coming in that much more . There was discussion of the property lines and that they aren ' t straight . Mr . Tselekis stated the following motion : Due to no substantial variation in the relation to the requirement going from 5 feet to 1 . 6 feet distance from the property line ; There is no change in the population density ; No substantial change to the character of the neighborhood ; There is no other way ( in a practical matter ) that the car port can be built ; The owner of the property did not create the problem ; He moved that the variance be granted . The Chairman seconded the motion . The vote was as follows : Russell Carpenter - Aye Ken Christianson - Aye George Tselekis - Aye The variance was granted . At this point the neighbors left . Mr . Hirtler asked a question about the area variance . Alex mentioned that there is also a small addition on the front that is opposite the garage . That area variance also has to be decided . George said that that was not on the sheet however . This one will have to be 4 feet away from the property line to meet the New York State building code . It is a non - conforming lot , stated Alex , but that is not the issue . The architect said there was an existing side yard encroachment which they are removing . They are creating a larger area to the footprint of the building , which is why a variance is needed for the addition . The new building will meet ' all of the Town of Ulysses side yard requirements . The problem with this is that it was not advertised in the legal notice , said Alex . It will now be within the 5 yard set back . The Chairman asked why would you need a variance to change a footprint if it is going to be a legal building ? It is because of the non - conforming laws , said Alex . You could grant him a variance to remove that part of the building that is within 5 feet and build what ever needs to be built back there outside of 5 feet . The architect said that is the proposal . Then it was advertised , said Alex . It will need to be worded in such a way that he is removing a part of the building that is non - conforming , and he is bringing an addition on to that building into conformance . The house was initially built in 1896 . George asked if a whole new variance was needed ? The Members said yes . He made the following motion : With respect to the addition on the north side of the building ; it is not in conformance as it is closer than 5 feet to the property line . As long as the addition is going to bring the building into conformance by making all parts of it at least 5 feet from the northern property line , I move that : There isn ' t any variation in the relation to the requirements as it is bringing the building into compliance ; There is no effect on population density ; TOWN OF ULYSSES 3 ZONING BOARD OF APPEALS HEARING JUNE 5 , 1995 No substantial change in the character of the neighborhood ; There is no other practical place to put this addition ; This is a situation that the owner did not create . I move that this variance be granted . Russell seconded the motion . The Chairman called for a vote as follows : Russell Carpenter - Aye Ken Christianson - Aye George Tselekis - Aye The motion passed unanimously , the variance was granted . The hearing adjourned at 7 : 55 PM . • •