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HomeMy WebLinkAbout2000-09-11 - BZA 73 DRAFT MINUTES ZONING BOARD OF APPEALS 9/11/2000 PRESENT: Chairman George Tselekis, Board Members Ken Christianson, Jim Hickey, Carl Mann, Joel Warren, Code Enforcement Officer Alex Rachun, Zoning/Planning Clerk Karin Lanning ALSO PRESENT : Leo Sposito, Tim Washburn, Linda Hirvonen, Lewis Larsen and J.B . Graves RECORDING MINUTES : Karin Lanning Chairman Tselekis called the meeting to order at 7 : 32 p.m. The first order of business before the Board was a public hearing to consider a zoning variance for Mr. Leo Sposito . Mr. Sposito requested a variance in order to build a garage on his lot located at 9818 Watermark Road. Mr. Sposito intends to make the property his year-round residence, the garage would protect his vehicles throughout the winter months. Mr. Rachun noted that Mr. Sposito ' s neighbors had been notified. Lewis Larsen and Mr. Graves spoke in favor of Mr. Sposito ' s garage and expressed their pleasure in the fact that Mr. Sposito intends to occupy the residence year-round. The Board noted that Mr. Sposito ' s lot is a lake front property and that lake front properties have historically tended to be non-conforming lots according to the regulations of the Town of Ulysses Zoning Ordinance. Jim Hickey moved that : Whereas the variation in relation to the requirements is not substantial given the Board' s typical attitude toward lakefront properties ; Whereas, there is obviously no increase in population as a result of the project ; Whereas, there is no change at all in the character of the neighborhood or any detriment to adjoining properties; Whereas it is quite obvious that Mr. Sposito cannot obviate the difficulty of housing a car by any means other than a garage, the interest of justice would dictate that the variance be granted. Ken Christianson seconded. Mr. Christianson aye Mr. Hickey aye Mr. Mann aye Mr. Tselekis aye Mr. Warren aye The variance was granted. The second order of business before the Board was a public hearing to consider a zoning variance requested by Mr. Tim Washburn. Mr. Washburn requested a variance in order to construct a carport to be an extension of a presently existing fence on his lot located at 2074 Trumansburg Road. A variance was needed to permit Mr. Washburn to construct the carport because the site selected for the carport would give it at most a setback of five feet in a commercial zone requiring 20 feet of setback. Mr. Rachun indicated that Mr. Washburn' s neighbors had been notified. No neighbors were present to speak about the project. Mr. Washburn assured the Board that the site he had selected for the carport is the only place it could be located. Due to the existence of a large open space across the road from Mr. Washburn' s lot, the chosen site is the only one where the wind would not fill the carport in with snow in the winter. Town of Ulysses 2 Board of Zoning Appeals 9/ 11 /2000 Jim Hickey noted that, although there was a considerable difference between the five feet of setback Mr. Washburn has available and the twenty feet required, Mr. Washburn clearly can not put his carport elsewhere on the lot. Noting this, Mr. Hickey moved, that : Whereas, in context the variation is not substantial in reflation to the requirement; Whereas, there is no increased population density and thus no impact on governmental facilities; Whereas, there would be no change whatsoever in the character of the neighborhood or detriment to adjoining properties; Whereas, Mr. Washburn has explained that he cannot obviate the difficulty by any alternative method, be it resolved that the interest of justice dictate, ; that the variance be granted, provided that Mr. Washburn construct his carport so as to take advantage of the maximum five feet of setback available to him. Ken Christianson seconded. Mr. Christianson aye Mr. Hickey aye Mr. Mann aye Mr. Tselekis aye . Mr. Warren aye The variance was granted on the condition that Mr. Washburn use the maximum five feet of setback space that he has available to him. The next order of business before the Board was the review of the minutes from the August 21st meeting. Noting the minor change in re-spelling Mr. Schlieder' s last name, Jim Hickey moved to approve the minutes as presented. Mr. Warren seconded. Mr. Mann and Mr. Christianson abstained from voting, as they were not present at the time of the meeting. Mr. . Hickey aye Mr. Tselekis aye Mr. Warren aye The minutes were adopted with the noted amendment. Jim Hickey moved, seconded by Carl Mann to adjourn the meeting. Mr. Christianson aye Mr. Hickey aye Mr. Mann aye Mr. Tselekis aye Mr. Warren aye The meeting adjourned at 7:55p.m. Respectfully submitted: Karin T. Laming KTL : kl