HomeMy WebLinkAbout2005-11-16-BZA TOWN OF ULYSSES
BOARD OF ZONING APPEALS
11 /16/2005
PRESENT : Chairman George Tselekis, Members Carl Mann, Joel Warren and Gerald
Van Orden; Code Enforcement Officer Alex Rachun; and Zoning Typist Karin Lanning.
ALSO PRESENT : Brenda Evans, Applicant, Stephen Gibian, Architect for the
i Applicant, Phyllis McNeill, Amy Yale-Loehr, Andrew Yale, Werner Goehner, Johanna
Goehner, and David Holmberg.
Chairman Tselekis called the meeting and a duly advertised public hearing to order at
7 : 30 pm . The purpose of the public hearing was to hear comments on an area variance
requested by Edward & Brenda Evans for the purpose of constructing an accessory
building at 1101 Taughannock Boulevard, Tax Parcel 31 . -2-29, a lot that lacks the
minimum 250 feet of frontage.
Chairman Tselekis called upon the Applicant to describe the proposed project.
Brenda Evans — My Architect is here, and he will be able to better explain the plans, but
basically the purpose of the proposed project is storage for cars and boats .
Stephen Gibian, Architect - I prepared the previous submittal and have some plans and
elevations to add [distributed copies] . I was called by the Evans ' in August and walked
the site . Basically, they proposed a "bank barn", where, because of the slope of the land,
vehicles can be stored in the basement level from the lower side and on the first floor
level from the uphill side, and he suggested a cross-gable roof similar to one they had at a
previous property in Martha ' s Vineyard, Cape Cod . We walked the land and there was a
fairly flat spot nearer to the highway, but it was too close to the highway for a front-yard
setback, and when you have a building with access to two sides you really need 36 feet of
3 access on either side, so when you add 36 feet to 36 feet to the building itself, you 're
talking about a 100-foot clearing, and I didn ' t like the idea of putting a clearing in the
woods . Then, there was this spot [indicating on plans] , which was between an existing
driveway to an existing garage and an existing lower driveway to the house. Given that
these two driveways existed, this was really an ideal location in that there would be no
need to create new driveways and the grade changes between the lower and upper
driveways was just about perfect for the proposed bank barn. The other thing is, by
putting vehicles on both the basement level and the first floor level the same number of
vehicles can be stored within a smaller footprint. The proposal is for a new accessory
building to be located between the existing garage and the existing house, with a two-bay
garage on the basement level and a two-bay garage on the first floor level . The second
story is in the roof itself; there is enough space that will have the minimum 7-foot ceiling
height to accommodate a studio or a workshop . This proposal disturbs the least area
because it uses existing drives and the bank barn approach reduces the footprint .
Chairman Tselekis — Will there be any plumbing or living space in the garage?
Brenda Evans — No, except that the workshop or studio will probably be my
knitting/felting studio .
Chairman Tselekis — Any comments from the public?
Amy Yale-Lot — My brother and I are just to the south of this property, and we just
recently got the notice. My brother and husband have discussed this and I called Alex
Rachun and spoke to him at some length, but this is the first chance I ' ve had to look at
the plans . It ' s a big building in a spot where there ' s not been a building before. We 're
country folk, and we like fewer buildings rather than more buildings, but I guess the
reason we came is just because we feel we need to be educated about this and understand
what ' s going to happen. It looks to me like the roofline of the new structure will be at the
same level as the existing garage, and the structure on this plan is going to be a fairly
substantial building.
Town of Ulysses 2
Board of Zoning Appeals
11 / 16/2005
Werner Goehner — The four-gabled roof is what makes it big. It makes it not just a garage
but a garage plus . It will be substantial .
David Holmberg — Just a question. Can you explain to me the technicality under which
the area variance is required?
Chairman Tselekis — It ' s a non-conforming lot, just barely, in that a lot is supposed to
have 250 feet of frontage and this lot has 227 feet along Cayuga Lake, which we can
count as frontage . It ' s just a little bit off, and actually most lots along the lake are
nonconforming, and that means any major construction requires a variance.
Code Enforcement Officer — That ' s correct. Any structure with a roof over it is defined as
a structure and would need a variance.
David Holmberg — And these are fairly new regulations, correct?
Code Enforcement Officer Alex Rachun — Yes, they' re more severe now. It used to be 1
acre with 200 feet of frontage and a 200-foot diameter circle of usable area. It has been
increased significantly to 2 acres, 250 feet of frontage and 250 feet of depth, and about
95 -97 percent of lakefront properties do not conform to that.
Chairman Tselekis — Anything else? Any questions from the Board? It does not appear
that the variance will be very substantial : 227 feet versus the requirement of 250 feet,
with the exception of the height issue.
Mr. Mann — Alex, would the proposed project have needed a variance under the old
Zoning Ordinance or would it have been a legal lot?
Code Enforcement Officer Rachun — It would have been a legal lot, but the height would
have been in question. The maximum height in the new Ordinance is double what it used
to be, so they j robably would have needed a height variance as opposed to an area
variance.
Brenda Evans I just wanted to say that we love that property because it ' s very natural
and wooded. We looked for a location where we won ' t have to take any trees out; we
don 't want to disturb the natural appearance . And, from the lake, the house will cover
most of the garage. We love being on the lake and we don ' t like to disturb it, but it ' s hard
when you have to pay for boat storage and we also have a couple of cars that we need to
get undercover. That ' s why we want to do this, but we don ' t want to disturb the lot.
Chairman Tselekis — It did look like a fairly empty area of land.
Brenda Evans — We recently had to take down some trees because of rotting and such,
but in that particular location there shouldn ' t have to be any trees removed.
Chairman Tselekis — Any more questions or points from the Board?
Code Enforcement Officer Rachun — Although this property is quite a bit larger than most
lakefront properties and the Architect has designed a building that is under the 5 % lot
coverage that is now the maximum in the R1 District, most lakefront properties will be
confronted by. this 5 % rule. Just a heads up . On this particular property, they were able to
stay under the 5 % .
Hearing no further comments, Mr. Warren moved to adopt the following resolution,
which was seconded by Mr. Van Orden :
Whereas, there will be a minor undesirable change to the character of the
neighborhood', in that there will be a building where none has existed before, and there
will be a minor detriment to nearby properties resulting from the requested variance for
this 28 ' x 28 ' garage/storage facility, and
Town of Ulysses 3
Board of Zoning Appeals
11 / 16/2005
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,
Ik I
Be It Therefore Resolved that an area variance be granted to Edward Evans and
Brenda Evans from the requirement for 250 feet of frontage for the purpose of
constructing a garage at 1101 Taughannock Boulevard, Tax Parcel 31 . -2-29 .
Mr. Tselekis aye
Mr. Mann aye
Mr. Warren aye
Mr. Van Orden aye
The motion carried and the variance was granted.
Mr. Mann moved to approve the minutes of the October 19, 2005 meeting and public
hearing as presented . Mr. Van Orden seconded .
Mr. Tselekis aye
Mr. Mann aye
Mr. Warren aye
Mr. Van Orden aye
Adopted.
i Hearing no further business Mr. Mann moved to adjourn the meeting. Mr. Warren
seconded.
Mr. Tselekis aye
Mr. Mann aye
Mr. Warren aye
Mr. Van Orden aye
Chairman Tselekis adjourned the meeting at 7 : 50 pm .
Respectfully Submitted
Karin Laming
Zoning Typist
KL