Loading...
HomeMy WebLinkAbout2005-06-15-BZA TOWN OF ULYSSES • ZONING BOARD OF APPEALS 6/15/2005 PRESENT : Chairman George Tselekis , Members Jim Hickey, Carl Maim, and Joel Warren, Code Enforcement Officer Alex Rachun, and Zoning Typist Karin Lanning . ALSO PRESENT : Sadegh Deljoo , Mark Hasson, Donald Hasson, and Emery Nemeth . Chairman George Tselekis called the meeting and a duly advertised public hearing to order at 7 : 38 pm . The purpose of the public hearing was to hear comments on an area variance requested by Sadegh Deljoo for the purpose of constructing a residence at 1654 Trumansburg Road, also known as Tax Parcel 34 . - 3 - 11 . 2 . Chairman Tselekis asked the applicant to describe his project. Mr. Sadegh Deljoo explained he is proposing to build a house on a half- acre lot that is zoned commercial . Mr. Deljoo explained the lot is one of four that were created by the subdivision of a larger lot, and this one is the smallest lot of the four. Code Enforcement Officer Rachun explained this lot and the other one fronting on NYS Route 96 were designed to be commercial , but Mr. Deljoo has been unable to market the lot for commercial development. Mr. Rachun further explained the Zoning Ordinance allows for 1/2 acre commercial lots within areas served by municipal water, but does not make this allowance for residential lots . Mr. Rachun stated he understands the Health Department would have no issue with installing a septic system on the lot . The Board briefly discussed the project with Mr. Deljoo and Mr. Rachun. Chairman Tselekis invited comments from the public . None were heard . Chairman Tselekis asked if any correspondence was received on this matter, and Zoning Typist Karin Lanning answered no . Hearing no further discussion, Mr. Hickey prefaced a motion with the following comments : First, that while the lot was originally intended for commercial development, it has proven unmarketable for commercial development, and Secondly, that if the area variance is not granted the property will most likely continue to be undeveloped and disused, and this condition would not benefit anyone . Noting the above considerations, Mr. Hickey moved the following resolution, which was seconded by Mr. Warren : Whereas, under the circumstances and given the location of the property specific to other properties , the variance is not substantial relative to the requirement, and Whereas the increase in population density that will occur as a result of the construction of one residence is not likely to create an increased demand on governmental services, and Whereas , the change in the character of the neighborhood, if any, would tend to be salutary and would certainly be an improvement over the current state of disuse, and Whereas, it is quite clear the applicant cannot resolve his difficulties by any other feasible method, Be It Hereby Resolved that an area variance is granted to Sadegh Deljoo to allow construction of a residence on his property located at 1654 Trumansburg Road, also known as Tax Parcel 34 . -3 - 11 . 2 , which property consists of less than one acre, has Town of Ulysses 2 Board of Zoning .Appeals 6/ 15/2005 less than the 200 feet of frontage required by the Zoning Ordinance, and on which it is not possible in inscribe a 200- foot diameter circle of usable area. Mr. Hickey aye Mr. Mann aye Mr. Tselekis aye Mr. Warren aye The motion carried and the variance was granted. ' i Chairman George Tselekis called a second duly advertised public hearing to order at 7 : 45 pm . The purpose of the public hearing was to hear comments on an area variance requested by Mark Hasson for the purpose of constructing an addition and an accessory building at his residence at 4155 Rabbit Run Road, also known as Tax Parcel 12 . -4-9 . Mr. Mark Hasson stated there is presently a carport on the south end of his home. The carport is quite dilapidated, and he is interested in removing it and constructing a two-story addition on the 16 ' X 20' pad that the carport sits on . The addition would be 16 ' X 16 ' and would consist of a recreation room on the first floor and a master bedroom on the second floor. In addition, Mr. Hasson explained, he is a car enthusiast and he would like to construct a 30 ' X 50 ' garage on the south side of the property. Mr. Hickey asked what kind of cars Mr. Hasson owns . Mr. Hasson answered mostly 1960 ' s Fords . Mr. Tselekis asked if the garage would be two-story. Mr. Hasson answered that was his original idea, but the Zoning Ordinance restricts accessory building heights to 20 feet. Mr. Tselekis noted he understands the house sits approximately one-story below grade. Mr. Hasson affirmed this is the case and stated this is why he thought a two-story garage might work. Mr. Hickey asked how big the lot is . Mr. Hasson answered it is approximately 7/ 10 ' s of an acre. Mr. Tselekis asked if the proposed height of the garage would be under the maximum set by the Zoning Ordinance. Mr. Hasson answered it will . Mr. Tselekis asked Mr. Rachun to explain why an area variance is needed . Mr. Rachun answered an area variance is needed because the lot consists of less than one acre, because part of the building would be in the required front yard and because it will be less than fifteen feet from the side lot line. Mr. Tselekis asked if the house as it presently exists also is within the required front yard and Mr. Rachun answered yes . . Emery Nemeth stated Mr. Hasson has turned the property into a junkyard . Mr. Tselekis asked Mr. Nemeth where he lives in relation to the property concerned . Mr. Nemeth answered he is a house away. Mr. Nemeth stated Mr. Hasson has an array of cars there presently and is in the process of putting up a fence. The way he looks at it, if someone is putting up a fence, they want to hide . more stuff. This is nothing but a ruse and he believes Hasson wants to change the property into a junkyard. Mr. Nemeth further stated someone recently put up a new house on Rabbit Run Road opposite the fairgrounds, and this area is becoming a suitable place for real estate. What Mr. Hasson has takes away from the value of the property, and he doesn ' t believe much of what Mr. Hasson says about buildings or whatever, he has made a junkyard out of the property. Mr. Nemeth also stated Mr. Hasson has cars that he thinks are dubious so far as proper registration — he believes if a law enforcement agency checked it out they might find something. Mr. Nemeth stated he is in opposition to what Mr. Hasson claims he wants to do . Mr. Nemeth also stated Mr. Hasson put up a shack that is larger than allowed for an out building. Town of Ulysses 3 Board of Zoning Appeals 6/ 15/2005 Mr. Tselekis asked Mr. Rachun if the storage shed noted needed a building permit, and Mr. Rachun answered no, it is only 144 square feet. Chairman Tselekis asked if any correspondence was received on this matter, and Zoning Typist Karin Lanning answered no . Mr. Nemeth, the applicant and Mr. Donald Hasson began to heatedly discuss the application . Mr. Hickey interrupted, stating both individuals need to realize that their friendly relationship between neighbors or the lack thereof, as well as the alleged illegality of Mr. Hasson' s cars are outside the Board of Zoning Appeal ' s jurisdiction . Mr. Hickey noted these matters might be of interest and concern to the DMV or police agencies , but are not of concern to the BZA. So noting, Mr. Hickey stated he is concerned about the alleged junkyard . Mr. Tselekis invited Mr. Hasson to respond to Mr. Nemeth ' s comments . Mr. Hasson stated up until Monday all the vehicles were legal . On Monday, he pulled plates off of a Suzuki , his father' s car, in preparation to send it to the scrap yard . Mr. Hasson noted he does understand Mr. Nemeth ' s concerns and, if one were to look at his yard, they might wonder about the value of the cars he has . Mr. Hasson stated he is not one to spend a lot of money on aesthetics, but there is no junk around the property, although there is a lot of stuff Mr. Hasson explained he wants to bring his property up to par with the neighborhood and stated he realizes there is a junk ordinance in the Town and he fully supports this ordinance and believes it is important . Mr. Hasson also noted they lhad a waterdrainage problem em getting stuff inside and out of view . Mr. Hasson where a lot of water came down into the carport, so he built up the parking area in order to stop the water runoff issue and give them a spot to park vehicles that are used daily. Mr. Hickey asked if Mr. Hasson would be able to keep all of his cars in the proposed accessory building. Mr. Nemeth stated no building could contain all of Mr. Hasson' s vehicles . Mr. Hasson noted he appreciates Mr. Nemeth ' s concern , and answered no , he could not store all the vehicles he owns in the building, but since he owns a house in Montour Falls that is and will be used for additional storage space, he can store all the cars at the Rabbit Run Road site in the garage . Mr. Hasson stated he would like to have the means of having cars in various stages of repairs indoors and wants to be able to store engine components in an organized manner. Mr. Hasson further stated he feels the proposed building reflects a compromise from what he would like which takes the size of the lot into account. Mr. Hasson stated his neighborhood is a beautiful area and his neighbor did put a significant amount of money into renovating his property. The neighbor to the south is putting a lot of effort into improving his property, and Mr. Nemeth keeps his residence immaculate. He is just trying to get his property up to the standard and to have a space to work on his projects . Mr. Hasson also stated to have a junkyard on Rabbit Run Road is unheard of and he uses Joe Allan ' s junkyard . Mr. Nemeth asked Mr. Hasson if the things he recently unloaded on his property are rabbit hutches . Mr. Hasson answered no , they are shelves , and he got them in anticipation of being able to organize his materials . Mr. Tselekis acknowledged both the applicant' s and Mr. Nemeth ' s comments . Mr. Nemeth asked why Mr. Hasson is hell-bent on putting up a fence . Mr. Hasson stated the goal was to create a barrier until he can get something permanent done and noted his understanding from Code Enforcement Officer Rachun was that he did not need a permit for the fence . Mr. Hasson also stated it is a temporary fence . Mr. Tselekis asked Mr. Rachun if the fence, building and outside storage on Mr. Hasson' s property, as it exists currently, is legal . Town of Ulysses 4 Board of Zoning Appeals 6/ 15 /2005 Mr. Rachun explained the impetus of the area variance request is that there is stuff outdoors, and Mr. Hasson, who is very familiar with the Zoning Ordinance and is, in fact, his assistant, wanted to clean up his property. Mr. Rachun stated the property would definitely be an eyesore if it were left as is . Mr. Hickey stated it sounds like Mr. Nemeth is concerned about the property being an eyesore and wants to see it cleaned up . Mr. Nemeth stated it has been like that for well over a year. I ' Mr. Hasson explained how he dismantled a neighbor' s barn, which she was going to have burned, and brought the timber to his property on a flatbed trailer. So noting, Mr. Hasson stated in a sense there has been a deterioration during the past year — the timbers, cinder blocks, picket fencing — but there is a purpose for every item there and his long term plan is to bring the house and the property up to speed with the rest of the neighborhood. Mr. Hasson noted the north end of his property is kept in clean order. He has used the south end to store various items . Mr. Hickey asked if everything else is legal on Mr. Hasson ' s property, as it currently exists . Mr. Rachun answered yes . Mr. Nemeth asked about the shack. Mr. Rachun stated it is legal . Mr. Nemeth stated there is a size limit. Mr. Rachun affirmed there is a size limit; it is 144 square feet, which would be a 12 ' by 12 ' square. Mr. Nemeth stated it looks longer than 12 feet. Mr. Rachun explained the 144 square feet can be in any configuration — it does not have to be square. Mr. Hasson noted there is a foundation for a second building; he wanted to wait and see how things would play out before constructing a second building. If he can do the proposed project, he will not put the second shed in. Mr. Hickey asked what is wrong with the shed. Mr. Hasson answered it is unpainted and was built of recycled barn boards . Mr. Hickey asked Mr. Hasson why he did not rent space in the barn he dismantled. Mr. Hasson answered he tried, but the barn was part of his neighbor ' s husband ' s estate and she did not want to see it after he passed away. Mr. Tselekis asked if the Board has any questions or input. Mr. Hickey stated he would like to adjourn in order to view the site and consider the application. Extensive discussion ensued. Mr. Hickey moved to adjourn until 7 : 30 pm on June 22", 2005 in order to give the Board of Zoning Appeals the opportunity to view the site and further consider the requested variance . Mr. Warren seconded the motion. Mr. Hickey aye Mr. Mann aye Mr. Tselekis aye Mr. Warren aye The motion carried and the hearing was adjourned to 7 : 30 pm on June 22°`x, 2005 . A twin- Town of Ulysses 5 Board of Zoning Appeals 6/ 15/2005 Mr. Hickey moved to approve the minutes of the meeting and public hearing of May 18°', 2005 as presented . Mr. Maim seconded . Mr. Hickey aye Mr. Mann aye Mr. Tselekis aye Mr. Warren aye Approved . Hearing no further business, Mr. Hickey moved to adjourn the meeting and Mr. Maim seconded . Mr. Hickey aye Mr. Mann aye Mr. Tselekis aye Mr. Warren aye Chairman Tselekis adjourned the meeting at 8 : 17 pm . Respectfully Submitted, Karin Lanning Zoning Typist . c