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HomeMy WebLinkAbout2016-06-28 BZA MinutesDANBY BOARD OF ZONING APPEALS MINUTES OF HEARING AND MEETING JUNE 28, 2016 DRAFT PRESENT: Gary Bortz Toby Dean David Hall Earl Hicks OTHER ATTENDEES: Town Planner C.J. Randall Town Board Jack Miller Recording Secretary Kelly Cecala Public Dale and Pamela Billington, Bruce Parmelee, JoAnn Horton, Andi Gladstone, Ted Crane MOTION - Gary Bortz be acting chairman Moved by Hall, Second by Dean In Favor: Unanimous The motion passed Bortz addressed the room and said that the BZA is a five (5) member board but currently there are only four (4) members. He added that for anything to pass it would require at least three (3) yes votes. BZA acting chair, Gary Bortz, opened the first hearing at 7:15 pm. PUBLIC HEARING to consider a request for variance of the minimum side yard width of 50 ft. required in section 600, paragraph 6b, and of the requirement that a building already constructed on such a lot may be altered or enlarged provided that the proposed alteration or enlargement otherwise complies with the terms of this ordinance at the time of such alteration or enlargement in Section 505 of the Town of Danby Zoning Ordinance in order to construct 12’ X 20’ addition to the rear of the existing house. The addition will be in line with the existing house and will maintain the 25 ft. setback from the side property line of the existing house. This addition is on tax parcel no. 15.-1-12.4, at 1116 Comfort Road, and owned by D. Lewis and Pamela B. Billington. All persons will be heard either in writing or in person. PUBLIC COMMENT: Bortz opened the floor for public comment. Dale Lewis Billington stated that he moved into the property in the summer of 1974. Mr. Billington and his wife wish to extend the length of their existing residence by 12' X 20' in the back of the house the hopes to stay in the home as long as possible as they grow older. Mr. Billington said that the original builder, Mr. Ackerman, convinced NYSEG to put an electric line in and in anticipation of having more traffic on the road the builder was later asked to move the foundation in the back by 12 feet. He said that at that time the required set back was only 25 feet. Bruce Parmelee has owned the property to the south of the Billingtons since 1976 and stated that as an immediate neighbor he had no issues with the project. Ted Crane commented that he is a distant neighbor but that he is fine with the project. Crane read aloud the five (5) criteria to take into account when granting a variance and gave his opinion on each one; in essence Crane thinks it is a good idea. Andi Gladstone encouraged the board to let this project move forward. The public hearing was closed at 7:25 pm. VARIANCE DISCUSSION: Hall commented that he thought it would be a good idea to walk through the five (5) criteria. Hicks questioned how to interpret what is "substantial" - Hall responded to use judgment. Hall added that he thought the request was substantial but acceptable because the house already exists. Randall said that self created difficulty typically surrounds property that was purchased long ago or construction due to a contractor error. MOTION - Grant Variance Moved by Hall, Second by Dean In Favor: Unanimous The motion passed The request for variance was approved. The Board of Zoning Appeals of the Town of Danby approves the variance of the minimum side yard width of 50 ft. required in section 600, paragraph 6b, and of the requirement that a building already constructed on such a lot may be altered or enlarged provided that the proposed alteration or enlargement otherwise complies with the terms of this ordinance at the time of such alteration or enlargement in Section 505 of the Town of Danby Zoning Ordinance in order to construct 12’ X 20’ addition to the rear of the existing house. The addition will be in line with the existing house and will maintain the 25 ft. setback from the side property line of the existing house. This addition is on tax parcel no. 15.-1-12.4, at 1116 Comfort Road, and owned by D. Lewis and Pamela B. Billington. BZA acting chair, Gary Bortz, opened the second hearing at 7:35 pm. PUBLIC HEARING to consider a request for variance of the minimum side yard width of 50 ft. required in section 600, paragraph 6b of the Town of Danby Zoning Ordinance in order to construct a garage at the end of existing driveway which be approximately 15 ft. from the side property line. This garage is planned for tax parcel no. 16.-1-23.1, at 359 Brown Road, and owned by Joann Horton. All persons will be heard either in writing or in person. PUBLIC COMMENT: Bortz opened the floor for public comment. Joann Horton spoke to the board and said that she has been a resident in the home for 23 years and lives with her permanently disabled adult daughter. Horton said she is requesting to build a two story garage/storage space because her home is too crowded for her and her daughter. She added that her daughter's disability limits the noise she can make in her house (i.e. making phone calls) and the accessory building would greatly improve the quality of both their lives. Horton partially read aloud a written letter that she included with her application and addressed the five (5) criteria. Shane Spencer, located at 432 Brown Road, submitted a written letter giving his approval to the project. Hall asked if the two story structure would have plumbing or lightening. Bortz asked if the building would be insulated. Horton said that it was all based on finances and that for now she just needs some extra space. Hicks asked Horton about the structure across the road that belongend to her. Horton said that she doesn't use that space much and that it's located near the creek. Dean asked Horton if she directly contacted the property owner to the south. Horton said no and added that Mr. Shannon Macky owns that 1.1 acre lot and that he recently put it up for sale. Randall said that Public Hearing announcements are sent to the tax assessment office and their database mails letters to all the property owners that are located within 500 feet from the property line. Bortz added that the real estate agent could always be contacted as well since there is no guarantee that Mr. Macky received the letter. Hicks asked Horton if she ever considered putting the structure across the road near the creek? Horton responded that the area was near a "swamp" and the the 50 ft set back from the road plus the 50 ft set back from the creek didn't seem feasible. Bortz asked if the building across the street was usable? Horton said that she didn't use it because it was located too far from the house. She added that she wanted an area to store her car and a building that was closer to her house. Horton said that the proposed site location was the only logical one because of the steep slopes surrounding her house. Dean asked how the 15 ft distance was established from the neighboring property. Horton responded that Paul Hansen determined that distance. Bortz asked who proposed the location for the structure. Horton responded that she spoke with three (3) different contractors and Paul Hansen. Hall asked Randall if it could be classified as a temporary building. Randall said that the maximum size for a temporary building was 144 sq ft and the proposed structure would be too big. Bortz asked Horton if she was planning to turn the space into a habitable area. Horton said no that it was too cost prohibited and too restrictive and that she just wants a garage with storage space. Horton added that she could not afford to buy the 1.1 acre lot located directly to the south. Hall proposed the idea of having two temporary buildings that could serve the same outcome but prevent the variance request. Randall stated that there are no set back rules for a temporary building. Dean commented that most temporary structures don't hold up that well. He added that Horton's proposed amish structure would look a lot nicer in the neighborhood. Bortz said that a 12x12 structure might be too small for a garage. Horton said that a single two story structure was preferable and that she would prefer to stick with her original request. Bortz asked Randall if a future property owner could convert the structure into something else. Randall said that a special permit or use variance would be required to update or convert the space. She added that labeling the building as a non-habitable accessory building is very clear and limits it uses. Randall said that hooking up to septic is the threshold for habitable space. Hall said that he was concerned about what a future builder might think about the structure being so close to the 1.1 acre property line. Hicks questioned what the process was if a resident does not get the legal notice in the mail. Randall said that a return envelope should go to the Town Clerk and that there is also a two month appeal process. Hicks asked if the board should consider a stipulation to reach out to the realtor (or best representative) in the event the owner was not reached. Hall said that he was also eager to hear from the neighbor, but that notices were sent, and that suggestion might be setting up a very onerous precedent for the board. The Recording Secretary read aloud a letter submitted by Shane Spencer, whom gave his support for the project. The public hearing was closed at 8:16 pm. VARIANCE DISCUSSION: Hall said that he didn't see the project as undesirable. He added that he thought it was substantial but asked what the consequence was since no one was building on the small 1.1 acre lot. Hall said he agreed with Bortz that it should remain a non-habitable accessory building. Dean said that the applicant has consider alternative solutions and that he thought it would look well in the neighborhood. Bortz did not agree with the stipulation to add a privacy screen between the garage and the property line. Randall defined what a "garage" was and Bortz asked if the board wanted to approve the variance/appeal as stated with the term "garage" being used. MOTION - Grant Variance Moved by Dean, Second by Hicks In Favor: Unanimous The motion passed The request for variance was approved. The Board of Zoning Appeals of the Town of Danby approves the variance of the minimum side yard width of 50 ft. required in section 600, paragraph 6b of the Town of Danby Zoning Ordinance in order to construct a garage at the end of existing driveway which be approximately 15 ft. from the side property line. This garage is planned for tax parcel no. 16.-1-23.1, at 359 Brown Road, and owned by Joann Horton. ADJOURNMENT The meeting was adjourned at 8:45 pm. ________________________________________ Kelly Cecala, Planning Board & Board of Zoning Appeals Recording Secretary