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
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