Loading...
HomeMy WebLinkAbout2001-05-14 - BZA I % 5 TOWN OF ULYSSES BOARD OF ZONING APPEALS PUBLIC HEARING and MEETING 5 / 14 / 2001 PRESENT: B.Z.A. chairman George Tselekis, B. Z.A. members Kenneth Christianson, Carl Mann and Joel Warren , Zoning Clerk Karin Lanning, and Code Enforcement Officer Alex Rachun . ALSO PRESENT: Jerry and Chris Ehrhart, Robert and Ginny Mindel, and Tom Overbaugh . Chairman Tselekis called the meeting to order at 7 : 30 pm . The first order of business was a public hearing for an area variance requested by Thomas and Kathleen Overbaugh, for the purpose of constructing a storage building on their property located at 6061 Waterburg Road in the Town of Ulysses, tax parcel number 22-4- 15 . 1 . Mr. Thomas Overbaugh described the proposed construction, as a 54' by 108' foot storage building, which would have an at-peak height of 23' 9" . The Zoning Ordinance regulation for which public hearing was required is that clause of Article V, Section 12, whereby a storage building having a height in excess of twenty (20) feet shall require a B . Z .A. variance . Mr. Tselekis asked if anyone wished to make a statement about the project. Mr. Jerry Ehrhart noted that he was a neighbor, but would not be able to see the new building , and was not opposed to it. There were no questions from the Board of Zoning Appeals. Mr. Mann moved : Whereas the variance is not substantial in relation to the requirements, the roof will only exceed the height limit by some 3 '; whereas there will be no increased population density and thus no resultant impact on governmental facilities; whereas the project will not result in substantial change of character in the neighborhood or of detrimental impacts on neighboring properties; and whereas the difficulty cannot be breached by any other means, a peaked roof is needed as a result of the local climate, the interests of justice will be served by granting an area variance to Mr. Thomas Overbaugh for the purpose of constructing the above described storage building with a height of 23' 9" . Mr. Warren seconded. Mr. Christianson aye Mr. Mann aye Mr. Tselekis aye Mr. Warren aye Adopted. tb Town of Ulysses Board of Zoning Appeals 5/ 14/2001 The second order of business before the Board, was a public hearing on a request from Mr. Carl Walden for a Use Variance for his property located at 1670 Trumansburg Road in the Town of Ulysses. As said public hearing had been scheduled for 7: 50, the Board waited until that time to call the hearing to order. During the interim, the Board members and Mr. Rachun reviewed Article II, Section 7 of the Town Zoning Ordinance, which deals with the Use Variance. Mr. Tselekis called to order at 7 : 50 a public hearing for the purpose of hearing comments on Mr. Carl Walden's request for a use variance to allow commercial use of his property at 1670 Trumansburg Road, tax parcel number 343-6, by Mr. Robert Mindel, President of RFM Communications. Mr. Robert Mindel described RFM Communications, his business, which he would like to relocate to the site. RFM Communications is primarily a consulting and sales business, which sells and sevices telephone systems. Mr. Mindel stated that only about 25% of his business is local, while the other 75% takes place around the nation, and is handled entirely off-site. Mr. Mindel stated that his is not a business that draws consumer traffic to the site, and that. daily traffic will consist of daily Fed Ex and UPS stops. Mr. Mindel has made a purchase offer on Mr. Walden's property contingent on a use variance, or other means by which he could locate RIFM Communications at the site. Mr. Mindel described the property, and presented photographs to illustrate . Two buildings exist on the site. The first is a 1500 sq . ft. business-type building, which offers office and warehouse space, a furnace, and a bathroom. Mr. Mindel explained that Mr. Walden built and used this structure as a commercial building, operating a home-based business out of it for many years. Mr. Mindel noted the building's many facilities, stating that it was not designed to be a garage, but was specifically designed to house a business. Mr. Mindel also discussed the house, noting that it is small and is better suited as office space, than as a residence. To illustrate, Mr. Mindel noted that the original part of the house has no closet or other storage space.. Mr. Mindel also noted that Mr. Walden did use this building for office space for his business. Mr. Mindel explained that Mr. Walden has had the property up for sale for about 15 months, in which time, as far as he understands, he Iias been the only person to place a purchase offer. In response to questions from Mr. Rachun and Board members, Mr. Mindel stated that no outdoor storage of equipment or other items, or outdoor signs are planned. The only outdoor light he would like to put up is a residential-style over-the-door .fixture, for the purpose of illuminating the entrance to the south side of the residence building . The only exterior change he might do, would be to lay gravel for the purpose of enlarging a tum-around/ parking area at the end of the driveway on the south side of the property. Mr. Mindel stated that he does not currently have any full-time employees, but that he would like to hire some administrative staff at some future point. Mrs. Lanning read letters sent by Francis and Catherine O'Pray and Katherine Miller for the record . k The Board members noted the driveway that Ms. Miller stated she "would prefer not to have commercial traffic in and out of" would not be used by Mr. Mindel for business. Mr. Mindel affirmed this, noting that the only time he had thought of using said driveway at all would be for his own vehicle, in order to make room for pick• up/delivery trucks and employees' vehicles in the other driveway. 2 To of Ulysses Board of Zoning Appeals 5/ 14/2001 The Board reviewed the matter in relation to the clauses concerning use - -- - variances in the Town of Ulysses Zoning Ordinance and in the New York State Town Law Handbook, and discussed the matter. lTh oconsensus from his was that the applicant should request comparable sales �n keepinr for the purpose of allowing the Board to determine financial ifficulty the property erty residential and that the Board members should visit and view the p site and the buildings. The Board scheduled a date to meet at and view the site for Wednesday, May at 7 : 00 pm . The Board will assemble at the site, located at he 70 16th, 2001, a P Trumansburg Road in the Town of Ulysses. i'ere�to adjourn the public hearing financial information requested, the Board agreed 7 : 30 pm on Monday, May 21st. More adjourning the meeting, Board members reviewed the minutes of September 11th , 2000 and October 9th, 2000 . Mr. Mann moved, seconded by Mr. Christianson to app rove the minutes of September nth, 2000 as drafted . Mr. Christianson aye Mr. Mann aye Mr. Tselekis aye Mr. Warren aye Adopted . Mr. Christianson moved, seconded by Mr. Mann to approve the minutes of October 9th, 2000 as drafted . Mr. Christianson aye Mr. Mann aye Mr. Tselekis aye Mr. Warren aye Adopted . Hearing no further business, Mr. Mann moved, seconded by Mr. Warren to adjourn the meeting of the Ulysses Board of Zoning Appeals until 7 :00 pm on Wednesday, April 16th, 2001 ; at which time, said Board shall assemble at 1670 Trumansburg Road in order to view this site in relation to the issues of the requested use variance . Mr. Christianson aye Mr. Mann aye Mr. Tselekis aye Mr. Warren aye The meeting adjourned at 8: 52 pm, on to be reconvened : the mown of Wednesday, April 16th, 2001 at 1670 Trumansburg Road in Ulysses. Respectfully submitted , Karin Lanning Zoning Clerk KTL: kl 3