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HomeMy WebLinkAbout2002-12-09 - BZA 9 TOWN OF ULYSSES BOARD OF ZONING APPEALS PUBLIC HEARING & MEETING 12/9/2002 The first order of business was a public hearing on an area variance request by Karen Springer in order to build an addition and a garage at her residence at 3048 Swamp College Road. Area variances were sought by Ms . Springer for the requirement of a 50 foot front yard setback, as her residence is closer to the highway right of way than the Zoning Ordinance permits, and for the 15 foot side yard setback, as her garage would be about 3 feet from a side property line. Ms. Springer was asked to explain her project. She explained that the addition to the residence will convert to livable space and extend an existing covered porch located on the back of her house, and that she would like to have a garage built in order to house her watercraft and other outdoor machinery and equipment . Mr. Tselekis asked for comments on Ms. Springer' s request. Ms. Shawna Black, Ms. Springer' s next door neighbor on the side where the garage is proposed to be built, expressed concern about the very close proximity of the proposed garage site to her lot line, hope that the garage could be moved farther away from her property line and a desire that she and Ms. Springer might come to a mutual agreement on this matter. The Board asked Ms. Springer why she is building the garage so close to the property line, and Ms. Springer explained that the septic system's leach field forces her to build no further than about 3 feet from the side property line between her property and Ms. Black's. Ms. Black was asked if this explanation appeased her concern, and answered negatively. Ms. Black also expressed dismay over what might happen to her hedgerow that currently exists along the side property line where the garage is to be built. Ms. Springer responded that the hedgerow will stay, and noted that the hedgerow overspills onto her property and is trimmed by her, anyway. The two individuals, and Ms. Springer's companion, Mr. Porter discussed this briefly, in which discussion it was pointed out that Ms. Black obtained a variance for her carport, which sits about 13 feet from the side property line in question. Mr. Hickey asked Ms. Black if she has any objections to the construction of the addition on the rear of Ms. Springer's home, and Ms. Black stated she does not . In view of this, Mr. Hickey moved the following resolution, concerning the variance request for the 50 foot front setback requirement. WHEREAS, the variation is not substantial in regards to the requirement, and WHEREAS, there will be no effect whatsoever on the area's population density nor any impact on governmental services, and WHEREAS, there will be no resultant change in the character of the neighborhood, and WHEREAS, the difficulty of creating a larger and more useable living space cannot be feasibly obviated by any means other than an addition, and WHEREAS, the interests of justice will be served by the granting of this variance, BE IT THEREFORE, RESOLVED that Ms. Springer be granted the variance for the purpose of adding on to the rear of her residence. Mr. Tselekis aye Mr. Christianson aye Mr. Hickey aye Mr. Mann aye Mr. Warren aye Town of Ulysses Zoning Board of Appeals ` \� Public Hearing & Meeting 12/9/02 The variance for the addition was granted . Discussion ensued on a potential arrangement that would both allow the applicant to build her garage and satisfy Ms. Black. Ms. Black reiterated her wish that the garage could be set further away from the property line, and also re-noted her concern about the hedge bushes. The Board asked Ms. Springer how tall the garage would be, though she couldn't give an exact figure, her companion, Mr. Porter stated that the walls will be 8 feet tall, and the structure will be single-story, with a typical peaked roof. The Board then asked Ms. Black where her residence and carport sit in relation to the proposed site of the garage. Ms. Black reported that both are closer to the road than the proposed garage would be, with the carport being about 13 feet from the side property line that was the concern in this matter. The Board next asked about the hedge bushes along this side property line. The height of said hedge bushes was established as being about 5 feet tall . Asked to describe how the garage will impact her view from the rear of her home, Ms. Black stated that she would see the garage primarily through her carport, and, if the hedge bushes are there, the part of the garage that shows over those bushes. With this in mind, the Board asked Ms. Black if she would be satisfied with a resolution of this issue where the applicant could build her garage, provided : it must be no large;c in footprint than it is shown to be on the site plan, it must be a single story structure, the hedge bushes must remain at their present height or be allowed to grow taller, and also must continue to be kept up as has been done previously, and the nearest point of the structure must be no less than 3 feet from the side property line shared with Ms. Black. Ms. Black replied in the affirmative the question of whether she would be amenable to the granting of the variance with the above stipulations. Mr. Hickey, in preface to moving the adoption of a resolution, noted the following points: First, that the applicant's desire to have a garage is a very reasonable one, Second, the applicant has demonstrated that she cannot feasibly build the garage elsewhere on her property, Third, a similar variance in the same neighborhood, indeed, next door to the property in question was granted, and Fourth, it does not appear that the garage will have a significant detrimental impact on the adjoining property, as, indeed, much of fiche garage will be blocked from view by the occupants of the adjoining property by the carport on that property and the hedge bushes along the side property line that the garage will lie close to . Having noted these matters, Mr. Hickey moved the following resolution, WHEREAS, comments and concerns of the only neighbor speaking in opposition to the applicant's project have been duly taken into account, and WHEREAS, although the variation is substantial given the requirements, a variation of +I- 12 feet of a 15 foot requirement, the applicant is indeed both seeking a very reasonable accommodation, a garage, and is restricted by all feasible means to the site selected by the close proximity of her septic leach field, and WHEREAS, the project will have no impact whatsoever on the area's population density, nor any impact on available governmental services, and WHEREAS, there will be no change whatsoever in the character of the neighborhood and minimal detriment to one adjoining property, the owner of which has stated her concerns, and has in discussion between the Board members, the applicant, the applicant's acquaintance, and said owner of adjacent property described the extent of the impact to her property as consisting of the sight of the roof of the garage and about 3 feet of its walls viewed through her carport, and WHEREAS, the applicant has clearly shown that her difficulty cannot be obviated by any other feasible means than building a garage to house her outdoor equipment and has she has further demonstrated that the site chosen is the only feasible site for the garage, and WHEREAS, in lieu of all of the above facts, the interests of justice will be served by the granting of the variance, BE IT THEREFORE RESOLVED, that the variance be granted. 2 Town of Ulysses Zoning Board of Appeals Public Hearing & Meeting p� 12/9/02 Mr. Christianson seconded. In ensuing discussion, Mr. Warren recommended the motion be amended to reflect the stipulations with which Ms. Black expressed approval of the proposed variance. Mr. Hickey agreed, and moved the following resolution, WHEREAS, comments and concerns of the only neighbor speaking in opposition to the applicant's project have been duly taken into account, and WHEREAS, although the variation is substantial given the requirements, a variation of +/- 12 feet of a 15 foot requirement, the applicant is indeed both seeking a very reasonable accommodation, a garage, and is restricted by all feasible means to the site selected by the close proximity of her septic leach field, and WHEREAS, the project will have no impact whatsoever on the area's population density, nor any impact on available governmental services, and WHEREAS, there will be no change whatsoever in the character of the neighborhood and minimal detriment to one adjoining property, the owner of which has stated her concerns, and has in discussion between the Board members, the applicant, the applicant's acquaintance, and said owner of adjacent property described the extent of the impact to her property as consisting of the sight of the roof of the garage and some +/- 3 feet of its walls viewed through her carport, and WHEREAS, the applicant has clearly shown that her difficulty cannot be obviated by any other feasible means than building a garage to house her outdoor equipment, and, further by placing said garage at the proposed site, and WHEREAS, in lieu of all of the above facts, the interests of justice will be served by the granting of the variance, BE IT THEREFORE RESOLVED, that the variance be granted with the following stipulations: . First, the footprint of the garage shall be no greater than it is shown to be on the application Site Plan (24' X 28'), Second, the garage shall be a singe-story structure, Third, the nearest point of the garage shall be no less than 3 feet from the adjoining side property line, and Fourth, the hedge bushes on said side property line shall remain and shall remain at their present height of approximately five feet tall or be allowed to grow taller, and further shall continue to be maintained by the applicant on her side of the bushes, and the adjoining property owner on the other side. Mr. Christianson seconded the amended motion. Mr. Tselekis aye Mr. Christianson aye Mr. Hickey aye Mr. Mann nay Mr. Warren aye The motion passed and the variance with stipulations was granted. The second order of business was a public hearing for an area variance request by Jack Lewis, potential buyer of property owned by the Marshall Estate located at 7 Maplewood Point Road. The variance was requested for the purpose of constructing an addition to the existing residence on a lot that lacks the required 50-foot front yard setback, the required 5 -foot side yard setback, and the required 200 feet of frontage. The public hearing on this matter was called to order at 8 : 00 pm. Chairman Tselekis began by asking Ms. Cathy Webb, real estate agent, to discuss her client's request. Ms. Webb prefaced by explaining that the property is of below average quality as far as lake front properties go, and also noted that the lot is very much a nonconforming one. Ms. Webb then stated that Mr. Lewis' purchase offer is contingent on his being able to add to the current residence, and that he wishes to add on to the rear 3 Town of Ulysses Zoning Board of Appeals � Public Hearing & Meeting 12/9/02 of the house, up the cliff/hill located there, in order to avoid obstructing the views from neighboring properties. Mr. Tselekis opened the floor to comments from neighbors. Mrs. Carol McGory asked Ms. Webb why she referred to the property as being of " below average quality ", and noted that the house was renovated quite recently in the 1960's or 1970's. Ms. Webb replied by stating that the residence's finishing touches are not what buyers look for in lake front residences. There are very few windows facing the beach, and those that do exist are small . i Mr. Robert Nafis asked if the applicant had submitted a formal plan for the project, and noted that they would especially like to know the elevations for the project . Mr. Rachun stated that Mr. Lewis had not submitted formal plans, and noted that, because Mr. Lewis' purchase of the property is contingent on the granting of a variance, he is trying to avoid investing a great deal of money in the property at this time. Mr. Robert Nafis next stated that a 6,000 square foot residence would take up more than 50% of the property, and further that, on the sketch site plan showing the proposed addition, no room is left for a vehicle-turnaround. Mr. Nafis noted that he has problems with cars turning around in the parking area and backing into his garden as the house currently exists, and also noted that, because of the geography of the property on the side where his property adjoins, water runoff from the addition's roof would create an immense crater, further eroding parking areas on that property. and would then proceed to drain onto his property. Mr. John McGory spoke next, as President of the Maplewood Point Association. Mr. Gorsky expressed concern on behalf of the Association about the impact of what the Association perceives as a potential for rental unit development with the addition of so large an amount of living space. Mr. McGory stated that Maplewood Point Road is capable of handling a very limited amount of traffic, and that the Association is opposed to the formation of rental units in the neighborhood. Mr. McGory also noted that 6,000 square feet is almost twice the size of the current largest residence in the neighborhood, and would therefore constitute a very significant impact to the neighborhood . Mr. McGory stated that he wants questions answered by the applicant before a decision is made. Mr. Heinz Riederer spoke next. Mr. Riederer restated Mr. McGory's last point, that the very size of the residence as a result of the proposed addition would have a very significant impact on the neighborhood. Mr. Riederer also expressed the desire for explicit and clear plans. Mr. Rachun and Mr. Mann both noted that it seems more information is needed to clear up several issues before the Board could decide this matter. Mr. Rachun noted the following issues : specific information concerning the closeness and impact mitigation at the sides of the property, clearer indication of square footage of addition, elevations of addition, and changed elevations of the existing structure, if airy, drainage, and construction traffic on Maplewood Point Road . In regards to the traffic issue, Mr. Mann asked if the deeded right of way for Maplewood Point Road regulates traffic on that road . Several adjoining property owners chuckled, and answered that the deeded right of way dictates something to the effect that, "the road shall be wide enough to allow the passage of a wagon and horse, " and "two horses may draw a vehicle down the road, but four may not. " Mr. Timothy Fallon asked if the Town Ordinance has regulations about how much of the total area of a property a single-family residence may take up . Mr. Fallon stated that, because of Maplewood Point Road, it is very important that the property remain strictly a single-family residence. Mr. Nafis urged the Zoning Board members to come and look at the property. 4 Town of Ulysses 3 Zoning Board of Appeals Public Hearing & Meeting 12/9/02 Mr. Rachun suggested that the Board table action pending receipt of more information on the proposed project and request the applicant to provide the application requirements he would need under the Town's Site Plan Review Ordinance for a commercial development project to be reviewed by the Board of Zoning Appeals. The Board agreed that this was a sensible approach. Mr. Hickey moved to table action on the variance request pending the receipt of Site Plan Review materials. Mr. Christianson seconded. Mr. Tselekis aye Mr. Christianson aye Mr. Hickey aye Mr. Mann aye Mr. Warren aye Adopted. The matter was tabled. The next matter of business was action on recent minutes. Mr. Warren moved to approve the minutes of 4/ 18/02 as presented; Mr. Christianson seconded the motion. Mr. Tselekis aye Mr. Christianson aye Mr. Mann aye Mr. Warren aye Mr. Hickey moved to approve the minutes of 10/ 14/02 as presented; Mr. Mann seconded the motion. Mr. Tselekis aye Mr. Hickey aye Mr. Mann aye Having no further business to conduct, Mr. Mann moved to adjourn the meeting. Mr. Christianson seconded the motion. Mr. Tselekis aye Mr. Christianson aye Mr. Hickey aye Mr. Mann aye Mr. Warren aye The meeting adjourned at 8 : 31 pm. Respectfully Submitted, Karin T. Laming Ulysses Zoning Clerk t\ak 5