Loading...
HomeMy WebLinkAbout2011-11-02-BZA MINUTES TOWN OF ULYSSES BOARD OF ZONING APPEALS 11 /02/11 APPROVED 04/18/12 PRESENT : Chairman George Tselekis, BZA Members- Dick Coogan, Andy Glasner, Carl Mann, Planner Darby Kiley Applicant: Mr. and Mrs . Bristow Mr. Tselekis called a duly noticed meeting to order at 7 : 30 pm. He stated the purpose of the meeting is to continue an application for a variance from Barbara Bristow, 3341 Krums Corners Road. He asked the applicant to present the revised plans they had provided. Ms. Bristow stated they had prepared and are presenting 3 different plans . # 1 . Moved the wall out and changed the square footage to 591 sq. feet, it does not affect the garage area or the entry to kitchen for the Bristow' s . #2 . Increased the square footage to 635 square feet and does not affect the garage area and makes an entry to the apartment and same entry is no longer available to the Bristow' s . #3 . Increased the area to 659 square feet and has the same entry door change as number two and now has taken the two car garage and made it a one car garage with work area. Mr. Tselekis asked if any correspondence had been received. Ms. Carlisle Peck stated they had, she provided written copies to Mr. Tselekis Mr. Tselekis stated they had received 3 notes and read the correspondence as follows : 1 . Mr. Rachun (Code Enforcement Officer) the property had been inspected and was found to be in significant compliance . 2 . Mr. Creech (neighbor) stated due to other conflicts could not attend the meeting but has noted a vast improvement. He appreciated the effort and hope Zoning Officer can maintain the property. He has no opposition to the variance being approved for 3341 Krums Corners Road. 3 . Mr. Rakowski (neighbor) who had opposed the variance does not have any opposition to this variance being approved at this time. He asked the Board for comments/questions. Mr. Mann stated he likes option # 1 . The variance is less than 50% and does not interfere with the living area of primary residence . Mr. Coogan stated he likes option #2 . The variance is 15 % which is moderate . There are zoning rules in Ulysses, if correct oversight and inspection should not be detriment to the neighborhood if the variance is approved. Mr. Glasner stated option # 1 is easiest, it would be sufficient for a single person. He could see option #2 being a hardship . He noted the loss of exits and asked what the cost would be for option #2 or option #3 . Mr. Bristow stated they would loose the exit to remove garbage and they would have to move walls thus a substantial expense would be incurred. Mr. Mann asked if an approximate amount would be $4000 . Mr. Bristow stated that sounded accurate, in addition they did the plans such that if they had problems in their home they could get to them without interfering with the apartment. Mr. Tselekis stated keeping the lot clean and in compliance is important. While he appreciated the removal of cars can be expensive this must be done . He also agreed that moving the walls may not be a necessary expensive . Mr. Coogan reminded the members the zoning is 750 sq. feet. He has concerns with this for the town and future . This area has no regulation and is not enforceable . He does not feel he can support option # 1 . Mr. Glasner stated he could pass either way. Apartments provide for the future needs . Mr. Mann stated he is against option #2 due to cost. Mr. Coogan' s concern is no enforcement. He does feel this is a separate argument that the Town Board should concern themselves with. Mr. Coogan stated they cannot solve this problem with enforcement if the minimum established are disregarded. Mr. Mann stated this is similar to regulation to keep trailers out of the town. He further stated if the Town Board and the Zoning Officer cannot be expected to maintain enforcement of the regulations then all the Board ' s are sadly remiss . If they state no more than two people may be in residence then this is up to Town Board to enact laws . Mr. Mann MADE the MOTION, Mr. Glasner SECONDED the MOTION . Whereas, therie will be no undesirable change to the neighborhood, and Whereas, the benefit sought by the applicant can not 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 alleged difficulty is self created, the Board does not feel it would be relevant to the area variance being granted. The VOTE was TAKEN as follows : Mr. Coogan ;NAY Mr. Glasner AYE Mr. Mann AYE Mr. Tselekis AYE Motion approved, Variance granted. Mr. Glasner MADE the MOTION, Mr. Coogan SECONDED the MOTION to adjourn. The meeting was adjourned at 7 : 50pm. Respectfully submitted, Robin Carlisle Peck Secretary