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HomeMy WebLinkAbout2002-05-13 - BZA 56 TOWN OF ULYSSES BOARD OF ZONING APPEALS PUBLIC HEARINGS & MEETING 5/13/2002 PRESENT : Chairman George Tselekis, Board Members Jim Hickey and Carl Mann, Code Enforcement Officer Alex Rachun, Zoning Clerk Karin Lanning. ALSO PRESENT : David Mackey, applicant' s representative, and Michael Boggs, applicant. Chairman Tselekis called the meeting and the first public hearing to order at 7 :33 pm. The first order of business was a public hearing and action on the area variance requested by Shannon Mackey for property located at 5111 Dubois Road, tax parcel number 26. - 1 - 10 . Mr. Tselekis called on David Mackey to describe the applicant ' s proposed project. Mr. Mackey noted that he agreed to present his son' s variance request because his son had to be out of town this evening, and explained that a variance is requested to allow the applicant to construct a barn with a peak height of 26 ' , which is 6 ' taller than the maximum height of accessory building roofs allowed by the Ulysses Zoning Ordinance. Mr. Mackey explained that the higher roof peak is needed in order to make both stories of the barn useable, and is further desirable for the aesthetic impact of a " 12- 12" pitch roof Mr. Rachun noted that the " 12- 12" pitch and the design of the barn in general make for an attractive and common style of barn. Mr. Rachun also noted that the barn proposed by Mr. Mackey is nearly identical to the one for which an area variance was granted at the March meeting. Mr. Hickey asked if Mr. Rachun or Mrs. Lanning had received any written comments from Mr. Mackey' s neighbors. None had been received, and no members of the public were present to comment on the project. Noting first that no one has appeared or made a written statement in opposition to the project, and that Mr. Mackey' s proposal is very similar to one which the Board granted a variance for just one month ago ; Mr. Hickey moved the following resolution: Mr. Rachun pointed out the fact that this board approved a very similar variance at its last meeting. Town of Ulysses 5 l Board of Zoning Appeals 5/13/2002 Hearing no further comments, Mr. Hickey moved the following resolution: Whereas, the variation in relation to the requirement is not terribly substantial considering the circumstances, and given the fact that the structure will be an aesthetic improvement to the property, and Whereas, the proposed project will be no impact on governmental facilities and no impact on population density, and Whereas there will be no change in the essential character of the neighborhood, nor any detriment to, adjoining properties, and Whereas, the Ulysses Board of Zoning Appeals is satisfied that this is a reasonable way for the applicant to deal with his difficulty, and that there is no feasible means of obviating the difficulty without a variance, and Whereas, it would consequently appear that the interests of justice will be served by granting the variance as requested, Be it hereby resolved, that the variance be granted. Mr. Mann seconded. Mr. Hickey aye Mr. Mann aye Mr. Tselekis aye The variance was granted. Having concluded the first order of business at precisely 7:40 pm, Mr. Tselekis called the public hearing to consider an area variance request from Michael Boggs for property located at 1904 Trumansburg Road, tax parcel number 25 .- 1 - 2, to order at 7 :40 pm. Mr. Boggs explained that his variance request is for the purpose of building a residence on a 100'x300' lot located on Trumansburg Road at the north end of Jacksonville. The lot currently has a severely dilapidated cottage on it, as well as a well and a septic system that is significantly below the current standard. Mr. Bogg' s hope is to abandon the existant well and septic system, and effectively remove the cottage in order to construct a new residence that would set further back on the lot. Pending, approval by the Tompkins County Health Department, his intention is to put in a new septic system and to wait for water until, he can be serviced by the recently adopted municipal water district that will serve the Hamlet of Jacksonville as well as other areas in the southern portion of the Town of Ulysses. Mr. Boggs also noted that he is considering the possibility of preserving a small portion of the existing cottage to incorporate into the new residence. 2 Town of Ulysses S Board of Zoning Appeals 5/ 13/2002 Mr. Hickey asked Mr. Boggs if he understands the fact that the Board of Zoning Appeals variance is a completely separate matter from Health Department approval? Mr. Rachun stated that he had explained this to Mr. Boggs, and Mr. Boggs assured the board that he does understand that granting of a variance as requested does not in any way satisfy the requirement to obtain the approval of the Tompkins County Health Department, nor guarantee the approval of said agency, and that the granting of the variance can be effectively overridden by a negative decision of the Tompkins County Health Department. The Board members asked Mr. Boggs about the residence he plans to build. Mr. Boggs stated that he does not have any official plans yet. If the variance is granted and approval by Tompkins County Health Department seems likely, he hopes to purchase the lot . At the moment, the actual construction of the residence is still some ways down the road. He will obtain a building permit for the residence at that time, subject to the building code in effect at that time. Noting in preface that the Board of Zoning Appeals has no impact on a separate decision that will be needed from the Tompkins County Health Department, and that said decision may or may not allow Mr. Boggs to install a new septic system on the lot, plus the fact that the variance is being phrased in regards to the 200' diameter circle requirement found in the Ulysses Zoning Ordinance, with approval of a variance for the related requirements being tacitly included in the variance, and, finally, noting that the construction of a livable residence on this parcel would be beneficial to the community in that it would replace an essentially worthless structure with a useful one, Mr. Hickey moved the following resolution: Whereas, the variation in regards to the requirement is not substantial given the circumstances, and Whereas, there will be a very minimal increase in population density, and no substantial impact on governmental facilities, and Whereas, there will be no change in the essential character of the neighborhood, and the only impact on said neighborhood and on adjoining properties will be positive, and Whereas, it does not appear that the applicant can obviate his difficulty be any other means, and Whereas, it would therefore appear that the interests of justice will be served by granting this variance, Therefore, be it resolved that the variance be granted. Mr. Mann seconded. Mr. Hickey aye Mr. Mann aye Mr. Tselekis aye The variance was granted. 3 Town of Ulysses Board of Zoning Appeals 5/ 13/2002 Having no further business on the agenda, Mr. Hickey moved, ;seconded by Mr. Mann to adjourn the meeting. Mr. Hickey aye Mr. Mann aye Mr. Tselekis aye The meeting adjourned at 7 : 53 pm. Respectfully submitted, Karin T. Lanning Ulysses Zoning Cler �. KTL :kd I 4