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HomeMy WebLinkAbout2005-10-19-BZA TOWN OF ULYSSES BOARD OF ZONING APPEALS 10/19/2005 PRESENT : Chairman George Tselekis, Members Jim Hickey, Carl Mann, and Gerald Van Orden; Code Enforcement Officer Alex Rachun ; and Zoning Typist Karin Lanning. ALSO PRESENT : Kim Warner, Applicant . Chairman 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 Marilyn Ackley for the purpose of constructing two new accessory buildings at 5186 Cold Springs Road, Tax Parcel 12 . -4- 19 . 12 , a lot that lacks the minimum 250 feet of frontage and 250 feet of depth. Chairman Tselekis asked the applicant to describe the project . Kim Warner explained they used to have an old tin shed, which was built about 14 years ago and was very shabby looking. The shed was used to store outdoor equipment. They want to replace this shed with a pre-fab wooden 12 - foot by 20-foot shed . In addition, they would like to add a smaller shed to serve as a garden shed . Mr. Hickey asked if the improvements are currently on the site and Ms . Warner answered no . Mr. Hickey asked Mr. Rachun if the site would have been conforming under the old Zoning Ordinance and Mr. Rachun answered yes . Mr. Tselekis asked if the dimensions shown on the filed site plan are correct. Mr. Rachun retrieved and reviewed the tax map and found that one side lot line listed as 136 feet should be 346 feet. It was noted that the lot therefore does have sufficient frontage and depth . The Board reviewed the other area requirements to ascertain whether an area variance would be needed. The Board agreed that, because the lot consists of only 1 . 62 acres , a variance from that requirement will be needed . Mr. Hickey moved the following, which was seconded by Mr. Mann : Whereas , there should be no undesirable change to the character of the neighborhood and no detriment to nearby properties resulting from the requested variance, and Whereas, the benefit sought by the applicant cannot be achieved by a feasible alternative method other than an area variance, and Whereas , the variation is not substantial in comparison to the requirement, and Whereas the variance requested will not have an adverse impact on the physical or environmental conditions in the neighborhood, and Whereas, the alleged difficulty was not self-created, Be It Therefore Resolved that an area variance be granted to Marilyn Ackley from the requirement of having a minimum of 2 acres for the purpose of constructing two accessory sheds on her property, 5186 Cold Springs Road, Tax Parcel 12 . -4- 19 . 12 . Mr. Tselekis aye Mr. Mann aye 2 Mr. Van Orden aye Mr. Hickey aye The motion carried and the variance was granted. Mr. Mann moved to approve the minutes of the September 21 , 2005 meeting and public hearing as presented. Mr. Van Orden seconded . Mr. Tselekis aye Mr. Mann aye Mr. Van Orden aye Mr. Hickey abstained . Adopted . Hearing no further business except a request from Mr. Van Orden to discuss a personnel issue with Chairman Tselekis and Mr. Hickey, which Mr. Van Orden and Chairman Tselekis agreed to discuss off the record, Mr. Mann moved to adjourn the meeting. Mr. Hickey seconded . Mr. Tselekis aye Mr. Maim aye Mr. Van Orden aye Mr. Hickey aye Chairman Tselekis adjourned the meeting at 7 : 50 pm . Respectfully Submitted Karin Lanning Zoning Typist KL: k1 l j