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HomeMy WebLinkAbout2005-08-17-BZA TOWN OF ULYSSES ZONING BOARD OF APPEALS 8/17/2005 PRESENT : Chairman George Tselekis, Members Jim Hickey, Joel Warren, and Gerald Van Orden, and Zoning Typist Karin Lanning. ALSO PRESENT : Sally Mennen, Ed Riley & Judy Riley, applicants, Alex Solla, and Ken Bedell . Chairman George Tselekis called the meeting and a duly advertised public hearing to order at 7 : 32 pm . The purpose of the public hearing was to hear comments on an area variance requested by George Strednak for the purpose of subdividing tax parcel 20 . -3 - 10, known also as 4140-4154 Cold Springs Road, into two parcels, one of which would be nonconforming due to acreage and an inability to inscribe a 200-foot diameter circle of usable area within its borders . Chairman Tselekis asked the applicant to describe the project . Sally Mennen spoke as the agent of the applicant, stating the property consists of 2 . 6 acres with a house in the front and one in the back. Currently both houses are rented out. She and her brother are seeking to buy the property and would like to have the properties separate. Mennen noted she did not understand the denial because there will be more than one acre with each lot. Chairman Tselekis explained the problem then would be that it will not be possible to inscribe a 200-foot circle of usable area on each lot . I [The Board and Mennen reviewed the sketch map of the proposed subdivision as well as a survey map and confirmed that each lot will consist of more than one acre though it will not quite be possible to inscribe a 200- foot diameter circle of usable area on the front lot . ] Chairman Tselekis opened the floor to comments from the public . Ken Bedell noted the driveway currently cuts through the middle of the lot and asked where it will be located . Chairman Tselekis noted a 25 -foot wide strip running along the south side of the property and asked if this is where the driveway runs now . Alex Solla answered no . The driveway currently bisects the lot closer to the center. Chairman Tselekis asked if it would be possible to build the driveway in the 25 - foot wide area aforementioned . Sally Mennen answered yes . Chairman Tselekis asked if there were any further comments . Hearing none, Mr. Hickey moved the following resolution, per this evening ' s discussion, which was seconded by Mr. Van Orden : Whereas, the variation is not substantial in relation to the requirements, and Whereas, there will be no increase in population density and no increased demand on governmental services , and Whereas, there will be no alteration to the character of the neighborhood resulting from the proposed project, and . i i , Town of Ulysses 2 Board of Zoning Appeals 8/ 17/2005 Whereas, the proposed project will not result in any detriment to adjoining properties, and Whereas, there does not appear to be any alternative feasible manner in which the applicants may achieve their objective without an area variance, Be It Resolved, that an area variance be hereby granted to George Strednak for the purpose of subdividing tax parcel 20 . -3 - 10, known also as 4140-4154 Cold Springs Road, into two parcels, one of which would be nonconforming due to an inability to inscribe a 200-foot diameter circle of usable area within its borders, with the conditions that each parcel as subdivided shall consist of at least one acre and that the driveway shall be located within the 25 -foot strip located along the southerly line of the property. Mr. Tselekis aye Mr. Hickey aye Mr. Warren aye Mr. Van Orden aye The motion carried and the area variance was granted . Chairman Tselekis called a second duly advertised public hearing to order at 7 : 45 pm . The purpose of the second public hearing was to hear comments on a request from Ed & Judy Riley for the purpose of adding a two-car garage onto their property located at 6491 Waterburg Road and known also as tax parcel 22-4- 7, a lot that consists of less than one acre and on which it is not possible to inscribe a 200-foot diameter circle of usable area. Chairman Tselekis called upon the applicants to describe their project . Ed Riley stated they are planning to add a 2 -car garage onto their house. Chairman Tselekis asked if the garage will have any living space. Ed Riley answered no . Judy Riley explained they actually own two lots, which together consist of 1 . 9 acres . Mr. Hickey asked if the Rileys will be able to meet all the setback requirements . Judy Riley stated they spoke with Code Enforcement Officer Rachun and can meet the setback requirements . Chairman Tselekis invited comments from the public . Mr. Van Orden asked what the Rileys will do to have their driveway serve the garage . Ed Riley answered the driveway will be added to so that it jogs over to accommodate the driveway. Chairman Tselekis asked if any correspondence was received, and Zoning Typist Karin Lanning stated no correspondence was received on either application heard tonight . Mr. Hickey prefaced a resolution by stated the Board of Zoning Appeals has tended to be sympathetic to the building of garages as a normal part of households . If a garage can be built without problems, they tend to permit it . So noting, Mr. Hickey moved to adopt the following resolution, which motion was seconded by Mr. Warren, Whereas, neither variation is substantial in relation to the two requirements , and Town of Ulysses 3 Board of Zoning Appeals 8/ 17/2005 Whereas , there will be no impact on governmental facilities and no increase in population density, and Whereas, there does not appear to be any alternative feasible manner for the applicants to achieve their objective without an area variance, and Whereas, there will not be any impact to adjoining properties, Be It Therefore Resolved, that the interests of justice dictate that the area variances be granted, and area variances are hereby granted to Ed Riley and Judy Riley for the purpose of constructing a 2-car garage on tax parcel 22-4- 7 , known also as 6491 Waterburg Road , a lot that consists of less than one acre and on which it is not possible to inscribe a 200- foot diameter circle of usable area. Mr. Tselekis aye Mr. Hickey aye Mr. Warren aye Mr. Van Orden aye The motion carried and the area variance was granted . Mr. Warren moved to approve the minutes of 7/28/2005 as presented . Mr. Van Orden seconded . Mr. Tselekis aye Mr. Hickey abstained Mr. Warren aye Mr. Van Orden aye Approved. Hearing no further business, Mr. Hickey moved to adjourn the meeting, which was seconded by Mr. Warren. Mr. Tselekis aye Mr. Hickey aye Mr. Warren aye Mr. Van Orden aye Chairman Tselekis adjourned the meeting at 7 : 50 pm . Respectfully Submitted, Karin Lanning Zoning Typist