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HomeMy WebLinkAbout2003-09-11 BZA TOWN OF ULYSSES BOARD OF ZONING APPEALS MEETING & PUBLIC HEARINGS 9/11/2003 PRESENT: Chairman George Tselekis, Board Members Ken Christianson, Jim Hickey and Joel Warren, Code Enforcement Officer Alex Rachun, and Zoning Typist Karin Lanning. ALSO PRESENT: Rod Kearl, agent of the applicant, Allen Borden, Tim Wachs, and Patricia Wachs, applicants, Judy Kolkman, Chris Owens, Gary Myers, neighbors of the Borden family. Chairman Tselekis called the meeting and the first public hearing to order at 7:35 pm, proof of notice having been presented for the public hearing. The first order of business was a duly advertised public hearing for the purpose of hearing comments on an area variance requested by Ken Kearl for the purpose of constructing a residence on property located on Taughannock Boulevard and known as tax parcels 18-1-19.8 and 18-1-19.9, whose dimensions do not allow the inscription of a 200’ diameter circle of useable area, as called for in the Ulysses Zoning Ordinance. Mr. Tselekis opened the floor to Rod Kearl, the applicant’s agent and son, to describe the project for which he is requesting a variance. Mr. Kearl explained the two parcels will be combined and will total about 1.44 acres, however the two lots are of such a shape that even when combined they only measure about 190’ from side to side. Mr. Tselekis asked if anyone wished to comment on Mr. Kearl’s application. No comments were heard. Mr. Tselekis asked Mrs. Lanning if any written comments were received, and she answered in the negative. Mr. Hickey prefaced a motion concerning the Area Variance application from Ken Kearl for the purpose of constructing a new residence on his property, located on Taughannock Boulevard and known as tax parcels 18-1-19.8 and 18-1-19.9, by noting that the Board has a history of considering the typical irregularity of lakefront properties when considering area variance requests for such properties. So noting, Mr. Hickey moved the following: Whereas, the variation is not substantial in regards to the requirement, and Whereas, there will be no increase in population density and therefore no impact at all on available governmental facilities, and Whereas, there will be no change in the character of the neighborhood and no detriment to adjoining properties, indeed there have not been any objections to Mr. Kearl’s plan expressed, and Whereas, it appears the difficulty cannot be obviated by an alternative feasible method, and Whereas, in view of the manner in which the difficulty arose and considering the above it would seem that the interests of justice dictate the variance should be granted, Be It Therefore Resolved that an area variance be granted to Ken Kearl for the purpose of constructing a residence on the to-be-combined tax parcels 18-1-19.8 and 18-1-19.9. Mr. Christianson seconded. Mr. Christianson aye Mr. Hickey aye Mr. Tselekis aye Mr. Warren aye The variance was granted. Chairman Tselekis called the second duly advertised public hearing to order at 7:40, proof of notice having been presented. The purpose of the public hearing was to hear comments on an area variance requested by Allen Borden for the purpose of placing a shed on his property located at 4379 Jacksonville Road, also known as tax parcel 25-6-30, which property consists of less than one acre. Mr. Tselekis asked Mr. Borden to describe his project. Mr. Borden noted he spoke to Code Enforcement Officer Rachun and Mr. Rachun advised him of the acreage and setback requirements. Mr. Borden stated the shed will be amish-built and delivered to the site, and stated the building will sit parallel to the house and will match the house’s siding and roof. Chris Owens, Judy Kolkman and Gary Myers looked at the site plan for the project. Gary Myers noted most of the lots in the area are less than one-acre, each measuring 100’ by 200’. Chris Owens stated the project sounds fine to him, and noted he had been concerned the shed was going to be placed in the front yard. Gary Myers stated lots of houses in the area have a garage or shed or carport less than 15 feet from a side property line, and therefore, the project will not at all change the character of the neighborhood. Mr. Tselekis asked if the shed will be attached to the ground. Mr. Borden stated it will not be, it will sit on a base. Hearing no further comments, Mr. Hickey prefaced a motion concerning the Area Variance application from Allen Borden for the purpose of placing a shed on his property, located at 4379 Jacksonville Road and known as tax parcel 25-6-30, by noting that three neighbors of Mr. Borden attended the hearing, looked at the plans for the project, and spoke with Mr. Borden, and having done so, expressed satisfaction with the project as planned. So noting, Mr. Hickey moved the following: Whereas, the variation is not functionally substantial in regards to the requirement, and Whereas, there will be no increase in population density and therefore no impact at all on available governmental facilities, and Whereas, there will be no change in the character of the neighborhood and no detriment to adjoining properties, as has been supported by the comments of the neighboring property owners who spoke tonight, and Whereas, the difficulty cannot be obviated by an alternative feasible method, and Whereas, in view of the manner in which the difficulty arose and considering the above it would seem that the interests of justice dictate the variance should be granted, Be It Therefore Resolved that an area variance be granted to Allen Borden for the purpose of placing a shed on his property, tax parcel 25-6-30. Mr. Warren seconded. Mr. Christianson aye Mr. Hickey aye Mr. Tselekis aye Mr. Warren aye The variance was granted. Chairman Tselekis called the third public hearing to order at 7:50, proof of notice having been presented. The purpose of the public hearing was to hear comments on an area variance requested by Timothy Wachs for the purpose of constructing a garage in the front yard of his property located on Houghton Road and known as tax parcel 27-3-2.61 Mr. Tselekis asked Mr. Wachs to describe his project. Mr. Wachs explained he wishes to construct a three-bay garage on this parcel, and noted this parcel is one of a few that he has requested the County to consolidate into one. Mr. Wachs explained he and his wife jointly and separately own several small parcels of land adjoining one another along Houghton Road. Mr. Wachs also stated the garage will replace a decrepit barn that fell down. As far as constructing the garage within the front yard, Mr. Wachs noted that the house is a full 60 feet from the center of the highway. The site selected for the garage will only place it 45 feet from the center of the highway. Mr. Wachs stated the building can not be moved any further back because they have established grapes and a garden right behind the proposed site. Mrs. Patricia Wachs noted they need a large garage because the house on an adjoining property has very little storage. Mr. Wachs explained he wishes to put wood siding and a shingled roof on the garage in order to make it fit into the character of the neighborhood. Mr. Hickey asked how far away the Wachs’ nearest neighbor is. Mr. Wachs estimated the nearest house to be about 600 feet away from theirs, noting the Houghton Road neighborhood has seen a great deal of new construction in recent years. No further comments were heard. Mr. Hickey moved the following in regards to an area variance requested by Timothy Wachs and Patricia Wachs for the purpose of constructing a garage on their property located on Houghton Road and known as tax parcel 27-3-2.61: Whereas, the variation is not substantial in regards to the requirement, and Whereas, there will be no increase in population density and therefore no impact at all on available governmental facilities, and Whereas, there will be no change in the character of the neighborhood and no detriment to adjoining properties, Whereas, the difficulty cannot be obviated by any alternative feasible method, and Whereas, in view of the manner in which the difficulty arose and considering the above it would seem that the interests of justice dictate the variance should be granted, Be It Therefore Resolved that an area variance be granted to Timothy Wachs and Patricia Wachs for the purpose of constructing a garage on their property, presently known as tax parcel 27-3-2.61, and which they have made application to have consolidated with other tax parcels jointly and individually owned by them. Mr. Christianson seconded. Mr. Christianson aye Mr. Hickey aye Mr. Tselekis aye Mr. Warren aye The variance was granted. Mr. Hickey moved to approve the minutes of August 20th, 2003 as presented. Mr. Warren seconded. Mr. Christianson aye Mr. Hickey aye Mr. Tselekis aye Mr. Warren aye Adopted. Hearing no further business, Mr. Hickey moved to adjourn the meeting. Mr. Warren seconded. Mr. Christianson aye Mr. Hickey aye Mr. Tselekis aye Mr. Warren aye The meeting adjourned at 8:00 pm. Respectfully Submitted, Karin Lanning Zoning Typist KTL:kl Town of Ulysses Board of Zoning Appeals 9/11/2003 4