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HomeMy WebLinkAbout2005-05-18-BZA TOWN OF ULYSSES ZONING BOARD OF APPEALS 5/18/2005 PRESENT : Chairman George Tselekis, Members Jim Hickey, Carl Maim, Gerald Van Orden, and Joel Warren , Code Enforcement Officer Alex Rachun, and Zoning Typist Karin Lanning. ALSO PRESENT : Vivian Rose, applicant . Chairman George Tselekis called the meeting and a duly advertised public hearing to order at 7 : 35 pm . The purpose of the public hearing was to hear comments on an area variance requested by Vivian Rose to allow a fence that is over six feet high within the 50-foot required front setback from the highway right-of-way on her property at 4128 Podunk Road, known also as tax parcel 24 . -4- 1 . 2 . Mr. Hickey asked Code Enforcement Officer Rachun if an area variance would be required if the fence was less than six feet high, and Mr. Rachun answered no , a fence that is under six feet in height is exempt from the Building Code. A fence that is over six feet in height is not exempt and is considered a structure, and as such has to be at least fifty feet from the highway right-of-way, and the applicant was not aware of this . Mr. Hickey confirmed his understanding, noting if the fence were not within the fifty- foot setback no area variance would be needed . Mr. Rachun confirmed. Chairman Tselekis asked the Applicant to describe the project. Vivien Rose stated the project is a fence . Mr. Tselekis asked if it ' s a wooden fence that is already built. Vivien Rose answered, yes, it ' s a black locust fence, and she was not aware until she got the' bill for the public notice in the paper that this would have to come before the Board. Mr. Tselekis asked if there is any more documentation on the fence. Zoning Typist Karin Lanning answered there are quite a few photos . The Board and Ms . Rose reviewed and discussed the photos . Ms . Rose explained the Town Highway Department removed some trees because they were leaning and were dangerous . Mr. Hickey asked if the trees were removed on Ms . Rose ' s request, and she answered one was but another one was removed because the Town felt it was too dangerous . Ms . Rose noted she built the fence on the corner in such a way that no one ' s view is obstructed and also noted she has included some photos showing the road coming down so the Board can see that she had to build the fence as tall as it is in order to obscure her view of the road . Mr. Van Orden asked if she means Reynolds Road, and Ms . Rose answered yes . Mr. Tselekis noted he understands Ms . Rose plans to have a three-foot tall stone wall built along Podunk Road in the future, but this is not part of the current project. Mr. Tselekis also noted that it appears the wooden fence was ended at a point where it will not interfere with traffic at the intersection. Ms . Rose noted agricultural vehicles come to Podunk Road from Reynolds Road and a snowmobile trail also passes right by her property, so the fence was the only way for her to get relief from the sound and light. Ms . Rose stated she had three reasons for building the fence. One reason was to serve as a snow fence — most storms come from the northwest and dump snow in her driveway. One reason was protection from the noise and light of the snowmobiles, and the other reason was she plans to do some landscaping in that area and the fence will protect against runoff of salt from the road , which is higher than her yard at that location . Ms . Town of Ulysses Zoning Board of Appeals 5/ 18/2005 Rose added that another reason is she plans to install a meditation labyrinth in a few years . Mr. Tselekis asked if there is any other correspondence on this . application . Mrs . Lanning answered no . Ms . Rose stated that is because she gave neighbors the wrong date for the hearing. Mr. Hickey asked if the purpose of the variance is to allow the fence within the highway right-of-way setback . Mr. Rachun answered he does not know . Ms . Rose said it would be 28 feet from the centerline, and Mr. Rachun noted that would be 3 feet from the right-of-way. . Mr. Rachun stated as far as structures go, the fence is two-and-a-half feet from not being considered a structure and thus being allowed within the setback. Mr. Hickey prefaced a motion with the following comments : First, that Code Enforcement Officer Rachun ' s comment that the fence in question is two-and-a-half feet from being legally conforming is well-taken, and Second, the fence already exists without apparent difficulty — no one has protested and there are no apparent problems with the fence, and Third, no one has attended the public hearing to speak in opposition to this project and no one submitted comment to the Board or the Zoning Officer in opposition to this project. Noting the above considerations, Mr. Hickey moved the following resolution, which was seconded by Mr. Mann : Whereas, in the context described by the Zoning Officer, the . fact that the fence would not be considered a structure if it were two- and-a-half feet shorter, the variation is not substantial in relation to the requirement, and Whereas there is no increase in population density and no increased demand on governmental services, and Whereas, there is no change in the character of the neighborhood nor detriment to adjoining properties ; if anything the fence will be an improvement in these regards, and Whereas, the applicant cannot resolve her difficulties by any other feasible method, Be It Hereby Resolved that an area variance be granted to Vivien Rose to allow a fence on her property at 4128 Podunk Road, known also as tax parcel 24 . -4- 1 . 2 , to be less than fifty feet from the highway right-of-way, more specifically, to remain as it currently exists . Mr. Hickey aye Mr. Mann aye Mr. Tselekis aye Mr. Van Orden aye Mr. Warren aye The motion carried and the variance was granted . Town of Ulysses Zoning Board of Appeals 5/ 18/2005 Mr. Hickey moved to approve the minutes of the meeting of December 15 `h, 2004 as drafted. Mr. Warren seconded the motion. Mr. Hickey aye Mr. Mann aye Mr. Tselekis aye Mr. Van Orden aye Mr. Warren aye Approved. Hearing no further business, Mr. Mann moved to adjourn the meeting and Mr. Hickey seconded. Mr. Hickey aye Mr. Maim aye Mr. Tselekis aye Mr. Van Orden aye Mr. Warren aye Chairman Tselekis adjourned the meeting at 7 : 50 pm . Respectfully Submitted, Karin Lanning Zoning Typist KTL : kl 3