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HomeMy WebLinkAbout2014-05-28-BZA-DRAFTDRAFT MINUTES TOWN OF ULYSSES ZONING BOARD OF APPEALS 05/28/14 PRESENT: Chairman George Tselekis, Board Members-Andy Hillman, Andy Glasner, Carl Mann, David Means, Environmental Planner Darby Kiley Excused: Bob Howarth Applicant: Margot Chuiten (for Newman), Rudy Nunez (for Curran, arrived at 7:30 pm) Public: James H Watkins Jr. Mr. Tselekis called the meeting to order at 7:00 pm. He noted the members present. Mr. Tselekis stated that the first order of business is the Appeal of Marc and Laurie Newman for area variance(s) under Article IX Section 9.6 of the Town of Ulysses Zoning Law. This is for the purpose of the construction of a first floor addition to an existing residence, where the addition would be approximately 15 feet from an impermanent streambank and the stream setback requirement is 25 feet. The property is located at 1177 Taughannock Blvd, Town of Ulysses, Tax Parcel Number 30.-3-16.31. Margot Chuiten described the existing conditions of the Newman’s property and house. The existing stream is channelized. They considered other locations for the addition but the proposed location is the flattest. Ms. Chuiten presented a letter from the current owner giving permission to pursue the variance application. Hank Watson, the property neighbor, does not have any objection to the variance request and understands the limitations of the site. No other public comments were received. Mr. Mann asked about the stairs leading to the house. Ms. Chuiten responded that the applicant’s daughter does not have a physical impairment, which would preclude her from going up and down the steps. Ms. Kiley asked about septic system. Ms. Chuiten responded that she is working with the Health Department to assess the existing system. Mr. Tselekis visited the sit e, and stated that the site of the proposed addition is relatively flat , the stream is channelized, and did not think erosion would be an issue. Board of Zoning Appeals May 28, 2014 2 Ms. Kiley asked Mr. Watson if flooding is an issue and he responded that the water level has been high in a large storm but did not overtop the banks. Mr. Glasner made the motion, Mr. Mann seconded the motion as follows: The BZA reviewed the record and weighed the benefit to the Applicants against the detriment to the health, safety and welfare of the neighborhood if the setback variance is granted by considering the following five statutory factors. Benefits sought by applicants are to add a first floor bedroom and bathroom: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance. No. There is no evidence that the proposed first story addition will produce an undesirable change. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. There is no feasible alternative for locating the addition to a different side of the residence because of a steep bank, the septic system, and other yard setbacks. 3. Whether the requested area variance is substantial. As a percentage 15 feet versus 25 feet, the variance is substantial, however, given that the lot is adjacent to lake, that the impermanent stream has significant barriers both hardscaping and vegetation, the variance is not substantial as far as the impacts to the environment. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. There is already an existing structure, however, the building footprint will encroach on the stream setback area. The stream is channelized and there is no evidence that the stream overtops the streambank, so the variance will not have an adverse impact on the physical or environmental conditions of the neighborhood. 5. Whether the alleged difficulty was self-created. The difficulty is created in that they are offering to buy the house but it is contingent on granting of the variance. Board of Zoning Appeals May 28, 2014 3 6. Considering all of the statutory factors set forth above, the Board of Zoning Appeals concludes as follows, even though the stream setback variance is substantial as a percentage of 15 feet versus 25 feet, and the benefits to the applicant referred to above if the setback variance is granted are no t outweighed by the detriment to the health, safety and welfare of the neighborhood. For the reasons set forth above, and upon the evidence, law and facts, it is the opinion of the BZA that the application for setback variance is granted, contingent upon transfer of the deed as recommended in the letter from the current owner. VOTE: Mann AYE Hillman NAY Tselekis AYE Glasner AYE Means AYE Motion carries, variance is granted. The next order of business is the Continuation of the Appeal of James Curran for area variances under Article XVII, Section 17.5 of the Town of Ulysses Zoning Law. The property includes two existing buildings (Ithaca Antiques Mall and Howl Studios), and the proposal is to subdivide the property so that each building is on a separa te parcel and to create a third parcel, which is currently vacant. The distance between the buildings is not sufficient for the proposed lots to meet the required setbacks; in addition the proposed lots exceed the maximum lot coverage requirement of 50 pe rcent. Area variances from the lot area and yard requirements (including front and rear setbacks and lot coverage) of the Article XVII, Section 17.5 of the Town of Ulysses Zoning Law will be needed. The property is located at 1607 Trumansburg Rd, Town of Ulysses, Tax Parcel Number 33.-1-8.12. The applicant/agent was not present as the board began the discussion. Ms. Kiley updated the board on recent communications with the Health Department and the property owner. Mr. Mann made the motion, seconded to Mr. Glasner to table the continued discussion until the next meeting or until materials are received. Mr. Nunez arrived and informed the board that they are dealing with septic and drinking water issues. Ms. Kiley reported on the Town Board’s proposal to change the Zoning Map along Route 96 from IL-Light Industrial to R2-Moderate Density Residence District. Mr. Tselekis adjourned the meeting at 7:32 pm. Respectfully submitted, Darby Kiley