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HomeMy WebLinkAbout1996-09-09 - BZA a ,w 10° TOWN OF ULYSSES BOARD OF ZONING APPEALS September 9 , 1996 Board Members Present : James Hickey, George Tselekis, Carl Mann, Russell Carpenter Also Present Zoning Officer: Alexander Rachun Public Present : Sal Indelicato Lysle Gordon Eileen Bellow John Bentinick Smith Hines Reeder George Kennedy Mr. Stevenson of MacPherson Builders George Tselekis brought the meeting to order at 7 : 30 pm. Item #1 : Mr. Sal Indelicato requests an area variance of Article II Section 6 for the property located at 5 Maplewood Rd . , Ithaca, New York 14850 Tax Map # 30-3 - 1 . For the purpose of dividing a 3 . 36 acre parcel into two parcels. This request was denied by the zoning officer under Article V Section 1 , a , which states that ( a lot must be shaped so that a circle of minimum 200 feet in diameter can be inscribed entirely within the confines of the usable area. Mr. Tselekis asked Mr.Indelicato to explain to the board his request. Mr.Indelicato answered that he wishes to disperse the property to his children one parcel at a time. He has no wishes to sell or build on any of the properties . Mr. Tselekis noted that on the map presented to the board a road is shown dissecting the property and asked if this also represents the new line of division. Mr. Indelicato answered yes that is correct. Mr.Tselekis asked if the second parcel would be nonconforming? Mr. Rachun answered yes the second parcel would be nonconforming but only marginally. He explained that there is plenty of property and that as far as parcels on the lake are concerned these are much larger than average. But the 200 foot diameter circle could not be scribed within the confines of the second parcel. Mr. Tselekis asked if there were any questions from the public present? There were none. Mr. Tselekis asked if there were any questions from members of the board ? Mr.Mann asked if there is a sand filter on lot number two ? • TOWN OF ULYSSES BOARD OF ZONING APPEALS September 9 , 1996 Mr. Indelicato answered yes. A new system was installed 3 years ago . The Board discussed the appeal and agreed that the variance would not conflict with any of the following 5 points from Article II Section 6 of the zoning ordinance . 1 .How substantial the variation is in relation to the requirement. 2 .The effect, if the variance is allowed on the increased population density thus produced on available governmental facilities (fire, water, refuse disposal, and the like) 3 .Whether a substantial change will be produced in the character of the neighborhood or a substantial detriment to adjoining properties created. 4 . Whether the difficulty can be obviated by some method feasible for the applicant to pursue , other than a variance . 5 . Whether in view of the manner in which the difficulty arose and considering all of the above factors the interest of justke will be sewed by allowing the variance. Mr. Carpenter moved that the Board giant the variance. Carl. Mann seconded the motion. The Board resolved to grant the variance . The Board voted. George Tselekis Aye Carl Mann Aye Russell Carpenter Aye Adopted Item #2 George Tselekis stated that the second order of business was a request by Lysle Gordon and Eileen Berlow for a variance under Article II Section 6 of the zoning ordinance. For the purpose of building an addition to a residence on the property at 2444 Perry City Rd. Ithaca,New York 14850 Tax Map # 27-02- 14 . , Mr. Tselekis noted that the under Article V Section 2 all buildings in a residential district shall be 50 feet from the highway right of way. He asked that Mr. Gordon explain his plan. gPIS TOWN OF ULYSSES ?WARD OF ZONING APPEALS September 9, 1996 Mr. Gordon explained that he wishes to add a garage, porch and a breezeway to their existing home. He noted that the construction meets all of the zoning codes but that the existing house which was built in 1955 is within 75 feet of the highway. Mr. Tselekis asked if the problem is that the house is too close to the road, and not the new structure ? Mr. Gordon stated that is correct. Mr.Mann asked how far the garage would be from the right of way ? Mr.Rachun answered 78 Feet. Mr.Tselekis asked if there were any comments from the audience ? There were none. Mr. Tselekis asked if there were any comments or questions from the board ? Mr. Mann asked if the driveway is existing now ? Mr. Gordon answered yes it is. The Board discussed the appeal and decided that the variance would not conflict with any of the following 5 points from Article II Section 6 of the zoning ordinance. 1 .How substantial the variation is in relation too the requirement . 2 .The effect, if the variance is allowed on the increased population density thus produced on available government facilities (fire, water, refuse disposal, and the like) 3 .Whether a substantial change will be produced in the character of the neighborhood or a substantial detriment to adjoining properties created. 4 .Whether the difficulty can be obviated by some method feasible for the applicant to pursue, other than The variance. 5 . Whether in view of the manner in which the difficulty arose and considering all of the above factors the interest of justice will be served by allowing the variance. Mr.Mann moved that the Board grant the variance. Mr. Carpenter seconded the motion. The Board resolved to grant the variance The Board voted. Carl Mann Aye George Tselekis Aye Russell Carpenter Aye Adopted • D D°' TOWN OF ULYSSES BOARD OF ZONING APPEALS September 9 , 1996 Item #3 Mr. Tselekis stated that Mr. Hickey has now arrived. He then noted that the third order of business is a request by Mr. John Bentinck Smith and Mrs Marjory E .Bentinck Smith. Their desire is a variance under Article II Section 6 of the zoning ordinance. They wish to build a lift (elevator) to access the lake from their house. Mr.Tselekis noted that Article V Section 2, 12 reads that no accessory building to a residence shall be taller than fifteen feet or closer than fifty feet to the highway right of way. He requested that Mr. Smith please explain his plans. Mr. Smith explained that the purpose in Stalling the elevator is that they are approximately 50 feet from the lake level and wish to access the lake. Mrs . Smith has arthritis and has difficulty with. steps . He explained that the elevator shaft is to be placed as close to the bank as they possibly can and it is to be anchored in the bedrock. The height of the shaft is to be about 50 feet and the base of the shaft will be less than 10 feet from the lake shore. This is the reason they are not in compliance with the zoning ordinance for an accessory building. Mr. Smith stated that Mr. Stevenson from McPherson builders is present to answer any technical questions. Mr.Tselekis stated that as he understands the problem the structure is closer than 50 feet to the lake, which counts as a public right of way. Mr. Rachun answered that this is correct . He stated that the DEC, and the Army Corp. of engineers have already granted permission. Mr.Tselekis asked if there were any questions or comments from the audience ? Mr. George Kennedy introduced himself as the closest neighbor to the North. He stated that he has reviewed the drawings and found them very acceptable . Mr. Hines Reeder introduced himself as a neighbor to the South. He noted that he is in support of the construction. Mr.Tselekis asked if there were any questions from the Board ? Mr.Rachun noted that one other neighbor did call in support of the construction. Ms. Anne Thomas at 1263 Taughannock Blvd. The Board discussed the appeal and decided that the variance would not conflict with any of the following 5 points from Article II Section 6 of the zoning ordinance. • gA-D TOWN OF ULYSSES 80ARD OF ZONING APPEALS September 9 , 1996 I . How substantial the variation is in relation too the requirement. 2 .The effect, if the variance is allowed on the increased population density thus produced on available government facilities (fire, water, refuse disposal, and the like) 3 . Whether a substantial change will be produced in the character of the neighborhood or a substantial detriment to adjoining properties created. • 4. Whether the difficulty can be obviated by some method feasible for the applicant to pursue, other than The variance. 5 .Whether in view of the manner in which the difficulty arose and considering all of the above factors the interest of justice will be served by allowing the variance . Mr.Mann moved that the Board grant the variance. Mr. Carpenter seconded the motion. The Board resolved to grant the variance The Board voted. Carl Mann Aye George Tselekis Aye Russell Carpenter Aye James Hickey Aye Adopted The Board then discussed the $5 . 00 allowance to Board members for mileage expense . Mr.Mann moved that the Town Board rescind the $ 5 .00 per case payment presently made to Zoning Board of Appeals members . Mr. Hickey seconded the motion. The Board voted. James Hickey Aye Carl Mann Aye Russell Carpenter Aye George Tselekis Aye The motion was passed. The meeting was adjourned at 8 :00 pm. Respectfully submitted, Julie Kraus •