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HomeMy WebLinkAbout1992-02-04 TOWN OF DRYDEN ZONING BOARD OF APPEALS - FEBRUARY 41 1992 ® MEMBERS PRESENT : Chairman Francis DiTommaso ; Dominic Bordonaro ; Alan LaMotte . Ann Everett present for Pollock and Foote Hearings . ALSO PRESENT BUT LIMITED TO * Karl Westerling , Mike and Patricia Foot , Lloyd and Dianne Kimmick , Clifford and Melissa Pollick , Gary Bachler and Henry Slater . Chairman Francis DiTommaso opened the meeting at 7 : 35 . The first hearing was as follows : The Chair noted for the record that the Ithaca Journal had published the public hearing notice for Karl Westerling to be heard 2 / 4 / 92 at 7 : 30 PM Having been denied permission to sell mobile homes at 158 North Street , Dryden , NY . Application is in violation of Section 801 Allowed Uses RC Zoning District . Under practical difficulties and / or unnecessary hardship - the letter appearing on page 2 was read into the record . ZBOA 2 / 4 / 92 PG • 2 January 1g , 1992 144 North Street ® Dryden , NY 13053 Dear Board of Zoning Appeals Members , I wish to locate a few new mobile homes for sale on the lend In front of little Creek Park , Specifically on the field between the Quonset building and Need Start on North Street . My request was denied since It was felt that mobile home sales are not restricted to local service , While 1 agree that some non - locals would likely use the office, the predominate traffic would be local . Restaurants , convenience stores and even banks Odeal with some non - locals , but the majority of their business Is local In nature , I feel mobile home sales are similar. There are many dealers around so few people travel very far to purchase a mobile home . ® This property Is unique In that it is the town ' s only mobile home perk adjoining NYS Route 13 and adjacent to commercially zoned lend , The lend Is zoned qC or " compatible with farm use " . The lend I wish to use Is about two acres and not enough to farm , Few businesses wish to locate near a mobile home park , especially professional offices , A mobile home dealership Is Ideal since they can supply new homes and order parts for people In the park . Residential U ! e doesn ' t seem to make much sense so close to Route 13 . At this point It ' s a gross field which produces no Income, A variance will not change the character of the neighborhood , The test of the town ' s lend along Route 13 is either MA or AD e " cept a smell stretch by Etna . The area surrounding this field Includes TC3 , A - I Restaurant , Tompkins County Trutt Company , and Brighldey Laundromat . RII commercial entOprls0S , The area Is not near any form though the MA land across the road is cultluated While they trU 10 gall It , - plcaaoe tar ma know If you would Ilke anu addltlonnl Informution, have enclosed a copy or my original request as well as It 's denial , ® Thank you for your consideration . Sincerely , ZBOA 2 / 4 / 92 PG . 3 Karl Westerling also stated that mobile homes have been sold there since 1963 . New homes haven ' t been sold off the lot ® in several years . But old and new homes have been sold off lots since 1963 . The amount of additional traffic should be fairly small , at most one family at a time . QUESTIONS FROM THE BOARD F . DiTommaso : This parcel that you are going to put the mobile homes on for display , is this all one parcel going to the Park itself or is that separate ? A . It is all one parcel which includes the cabooses , the quonset hut , that field and the mobile home park . Q . Your intentions are to show them in the front but have the variance apply to the whole parcel ? A . I guess technically that would be correct , however this is the only land that could used at this point . D . Bordonaro : How may units do you plan to have on display at any one time ? A . Four or five . I don ' t intent to own them . I have already told ( T . Donnaly ) him the ® requirments . . . that he put in a boardwalk for sidewalk , getting homes there , and that he put a temporary skirting around them , most likely lattice work . I would certainly be willing to put that in writing . It would not involve old homes F . DiTommaso : If he were to buy a used home from someone in the park would it ever be put there and try to sell it ? A . The requirement is that he has to take that out of the park by the next day . He cannot leave or sell the older home in the park ? � . Why can ' t . he ? A . Because I wouldn ' t let him . Again I will put that in writing . F . DiTommaso : You wouldn ' t be selling ? A . I might oversee the selling , but someone will be hired to do the selling . ZBOA 2 / 4 / 92 PG . 4 0 . Bordonaro : Do all of the homes in the park belong to you or individuals ? ® A . I own three and the rest are owned by individuals . 0 . You don ' t anticipate having any old homes up there in the display area then ? A I have already told him he couldn ' t do that , and I am certainly willing to have that in writing . I am trying to get the older homes out . HEARING OPENED FOR PUBLIC COMMENTS : NONE HEARING CLOSED cif 7 : 4 i PM PUBLIC HEAR ] 1-43 FOR CARL AND PATRICIA FOOT The Public Hearing was called at B : 00 PM and the published notice placed in the Ithaca Journal was so noted . Having been denied per^ mission to erect a 3 family dwelling unit structure at or abol. It 341 Dryden Harford Road , Dryden , New York in violation of Section 701 - Allowed Use RS Zoning District . The following letter attached was read into the record . The map was also included . e e • EI • C I R . O , t c G . Steven Scott 8 Irene M . ^ ` CO 628 / 354 Nl ' to o Tax Mop 49 • I - 5. 1 • w o ; a •a inWIP r c in N 690 22 e9 b,pin I. PIn 589 . e I.PIn ..111,rs ' o z on e.,M Parcel to be Conveyed by We .1 atoeinl e N a LL Crook Carl J. Foote In ro OD 9 3 Port of Tax Map 49 - 1 • S_ 2 �~ in p o Contains 1.8 Acres on e * p el E 2 a Lr o C t r P1^ ro P1 . r �B7 A I g o O of 1 a o m Toybr 601. 5 5Bc 52 `M a I•- 0 Q t ° To Remain a I.Pu11.1 M Cori J. Foote ; C A 645 /640 a � B a I a) ir22, i, Tax Mod 49 - 1 . 5 . 2 6 . p6 ? wra, QI 1 Contains 1. 65 Acres C. •9a 2e I 0 to e .' � L ,N � 5 —y R . O . ® m Cart J. Foote a Mop to show . Patricia A . Foote Cori J. Foote 505 / 620 1 Tax Mop 49 - 1 - 6 . 2 Town of Dry, New York . CWI J. Fee1. 6 . . —. — Scale I •I = eCt a PaIricieA , Feaft by Kenneth L . J in eolmw 49 1 Approved by 1•fov a # - 6.] ZBOA 2 / 4 / 92 rG . 5 ♦ .s. ..... ' .•..vw.. .run.. -r. ... nr.rw...l�Y.s1d�•n•uw.��....ww.«...�w�. . .��.. .. . .... .. .....�.r..r.r,.r��.r.....y... - _ _ n��1 � ..... . .. . .. _ . . _ . f ywll I r,,. 11 01 U ►• yden 0 E . Mai11 5t . y0en Ny 13053 rat 1 PiiI i on : 'tons nq Qoard o •f Appeal s Re : VarI arlrcP in tof•te R - 8 for perrtri 551on to errect a 3 Uni -t bui Icjing , OPar_ Boar t) Members , I•1IT► s. c.5r! l ; �. r1C1 ilr' Y ' rl, i P; � ii. rill 1: r r• 1" I." Pre t: ;�l III , ! f. ►'► !..I .i l d i nU IJ #'I rimy I:► r-4rlII rr' t. v I �:� I:: ,;, f r.' r. ► :: k 1 %% 1 '" 1:! I)t �� dr, n Ilarfr.� r r1 I ,. 1 1: ;� ; rno� rT rill . ^,� - 1 - "; . 2 . l t.tncl �r r1 . �zrtcl klTrtt. 1 n, t , ; I '. rtr ; r►+ c� r , C I. r �:ItP t.lnnecr_ F` S5 ivy h �Irrlh .t. f ► by Cat i n f- vi rlrt each of tl ► e 'rnl l owi rr (I . 1 h 1 1, !'.I I. 1 r.' 11 /9 .- r LIM cIt U - 11PE7, s of thi s pr- nprrt;. y i 5 that: i t: I S 01" a hi gh tra 'f T i c fed . t'rhi chi rnr-.an s that I wi 1 I have to set the strt.tr t: 1•tr e further har. i; on HIP l. c) t which means A lonOer- drivPway c-tr ► cl mrlrF� r_ t, ! (: . also bein1. n .1 WWItrafF. .1c 1? d . could be a disadv ,antaty, to ►- ent. ir► c1.) 1:• ct a 'family with r. h .ild . �7t ► ri phtP, 1 t . a .l. sci means that rtrrlt ratm. s,, will 1 1 havrt to he 1 oaTer dt. ir, t. n the il .t All avid noise whi r_ iI Will Inal ! a i. t di f f i. r_ r.tl l.. to read i z e a rr? c1coriah l e r~ c� ttirrl . Pva sonabl a Pet_ t.tr- n i t. hinl: thc.1t Hie t.tnigt..tr: ries = staternertt,: c: ovr.. rs !-. r, frne of the r +? ars, rinat:I .l. a rri.: l.tr ► i ® trt I:. hat:. r* ntt; l. ng thfy unit harle fl .trthrr fin the property will c: ,al.Mm higher r.. nnt Fri rlr• i vmwAy5 and the rent rate Wt l 1 have to r• r; in n lower dl•.Ir to i , i nh tr ,a F F t r•• and not soi . Cost fc► r- thca cil.th .l r ; ; wi I 1 biI? apiir- o ;t . I` 799O1G1o . 0i01 , •ft, I: h n cr► rnrnfrrr_. I al ihtr !? st r• af; e c:► 'F 10* . 7 ° , tUrycar-• rIsl: Nat Iona .l Dartl; at: ;' VI yr ,ar' s a nictrtf� a fi ge payobont riF V302 . 0 i , nr'• mf.► fitil t•, 1, th rent, Pit $ 4 *75je001 pf�nr f. lrli. t gr- nss ir'Icome per month w01. 11d be at. 501 . (A0 pr. r mnr► ih . This woc ► ld nor gi. vt^ r• efivOriab •l e, rp. Wrn to pay mai ntenr-! r► rct c_ rTsk acid ta :! r34 . 1 hr? r_ n t ft or thr ep Lin is aff ,l_l .l t1 I;IQ �7lal:► rcl : ; . 1 1016 , 01001 . 00 with i r'It:. rest at t: hr name r t: f? acid term o 'f the moo-41: ta ,:11P at 20 yrar- r , I W11-1thly payment Calf a .1076 . 00 .end rent L• lIe same att t, 475 . 00 per III nr -11.' 1 t . hi. A Idr" I cl ni vfa at r• rN �icznIIeahl f-t r- rt:. r ,tr tI tp fray t ,a �res and maintpneftrr, r� ctl: _ l: h .ar- .-trtc� r- 1 elfin ' k. hPI i. eve that a thu- cue L.tni 1: I r , i 1 ra wl c •f .i .1. 1 r. h .� nge thp r_ h ;:iracfPr Cif t hr+ nei rllTbhrhrnd bei of thhre t s a 4 r-t „ i I I:► l i i .l dl, n9 .a III (Iut 3. 00 yards t o tltr ! ; r, l.lth •a ►'IcI - ever- .-� l fnobi 1 homhs, ar ► rI a 1 1 llni i . t, lp C)I.l Efr_ an► hi 11 rd that: 1 mi ql ► t Ac.if•I cIP1n � rI t ray town taus . 1hPr t" a 4 unit but 1 di ng on Keith th I.. a . I i ► nl , c� t . l ► ak 1: 110 Hoard of taflf:► r ;, .1 my ►- equpst to al. l rjar me tc� tal� .i I' d kl ► r, tl ► r ne 1_trtl, t brti l di. nr� , .Arica .l I ► c�1:Ir l , ll . ! .tt i stir? ti the t. hrr, n irnt. s tr7 rlr•intlt ► sl . r 11: 1 a hardship , Ill �trtl; 'lt7r-t . `, .irlcrr- 1y *Ok Carl I' c, nte ZBOA 2 / 4 / 92 PG . 6 QUESTIONS FROM THE 809RD D . Bordonaro : Is this the only consideration fnr this vacant lot ? This zs an investment property " Mike Foot . A . `Fhat ' % correct . L! . None of the Forst ' s will live there ? Na . A . Everett : Do you own the land now which is 1 = 65 acres ? A . Yes . Q . What about parking area ? Ad There should be ample parking . F . DiTommasov: How long have you owned this land ? A . 1 believe he has owned it for over a year . Before that Carpenter owned it . F . DiTommaso : The land south of this parcel is owned by Foot ? A . Yes . Q . This land was purchased a year ago in order to develope it with 3 units . A . Yes , because we had a three unit structure already thought another could be built . Did not realize Zoning had changed . A . Everett : Have you considered doing anything else with the land _ A . No . HEAR1N2 OPENED TD THE PUBLIC DIANE KIMMICK spoke in favor of letting the Fonts place a 3 family unit on the property+ . They farm the land across the road and feel that Karl - can do what aver he would like with his property as he does take good cars of it . LLOYD KIMMICK of 670 Dryden Harford Road stated he has lots for sale across the road and didn ' t feel ati apartment house across the road would bother any . There is also an apartment / 2 family house across from ACME PEST CONTROL. , Karl has a three apartment unit there , there are 4 on Keith Lane within half a rile and can not see any reason why another shouldn ' t he .allowed . HEARING CLOSED 8 : 12 PM ZBOA 2 / 4 / 92 PG . 7 PUBLIC HEARING FOR CLIFFORD AND MILISSA POLLOCK The hearing was opened at a : 13 PM and the Public Hearing Notice published by the Ithaca Journal was noted . Having been denied permission to construct or , erect a garage closer the fifteen feet to a side lot line at 940 Dryden Road in the Town of Dryden in violation of Section 804 . 2 - side yard set back RC Zoning District . Under practical difficulties the application states there is no existing garage on the property . The logical and most straight forward place to build one would be on the existing driveway , which is situated close to the property line . We would also, like to enlarge the footprint of ' the existing buildings living quarters . The area for this addition meets all zoning requirements , but the existing South side of the building is nonconforming . The following letter was also read . Date: January 20, 1992 ® To: Henry M. Slater, 7_auring and rirrihling i *s or Gurrorenrcnt Ulliier Town of Dryden 65 R... Main Street Dryden, NY 13053 We would like to expand mirrnrteni living MI ell (flake a roan and jell net a IWO •ear enrage and arc applying for an area variance to i lie 'I m u of Dryden. A variance is requiroid because of pre•exisling nonconforming caralitinns. '17►e Sowh side of the building is too close to the road. There are no proposed changeS to this side of the building. The west side of the property contains an existing asphalt driveway, as shown on rile site plan, that is too close to the property line. We propnse to hnild Ire garage on this existing driveway area, A porch area is also planned for die nosh and rai,et side of the building, which should conform to all existing codes. A garage would be very beneficial to the properiy, allowing n covered entrance into d►e house, and protecting cars from li►e weather. As we do not have a full hnsel eat, this would also greatly Increase our storage space. Other site configurations for the garage have been considered and do not meet our requirements for usuable space. The entire east side of the yard is heavily gardened with perennials, roses, and flowering Imes and shrubs. 'there is also a very large spruce free next to the house (ft Su•t- feet) that couldn 't be moved. The kitchen area is also on the opposite side of file house, and a straightforward entry into die kitchen is desired. To place lire garage on d►e north site of the property would necessitate lengthening the non-conforming driveway, would deny easy access to die kitchen area, and blocks the view of Fall Creek. The area planned for the garage would be almost parallel to a garage in the neighboring yard, A yard space of approximately 20 feet would separate die two buildings. The living ® areas of both buildings would be to the outsides of both garages. AppOlanta and Properly Owners : Clifford and Melissa Pollock Address: 9110 Dryden Road Phone: 272-5462 Use District: RC ZBOA 2 / 4 / 92 PG . 8 Read into the record was a letter received by Mary L . James of 936 Dryden Road , " Since I am unable to attend the February Ath meeting , I have asked ray son - in - lava Gary 13achelor to attend in any behalf . I have no problem with the Pollocks building a garage on to their house , providing it is 4 ' or 5 ' ( preferable 5 ' ? from my line and that they install an eaves trough and a down spout to carry the water toward the back of their lot , and that there would be no overhang on aye . I have discussed these things with Mrs . Pollock and she has agreed to my terms " . Signed Mary L . James , Mrs . Pollock noted that the garage roof would be pitched North and South direction so the ernes wouldn ' t be caminq down towards her . ( parallel to the road ) QUESTIONS FROM THE BOARD A . Everett : Where is the garage door , front of the house or side ? A . It would be facing the driveway . There as no existing garage . D . Bordanaro : If you have a peak that runs parallel to the road , you are nbviously going • to drain can the front side not the back side , what are you going to do with water on the front side ? A . Already we have a spout running onto the driveway , and it drains flown the drivPw,ray due to the sloop and would not drain on the James property . A . Everett : Where .is your neighbors house in relation to the property line ? Am Her garage starts 15 ' 1 " from the property line and her house makes an L with the garage . The only alternative is putting the garage an the other side of the driveway and because we have already done alterations in the House would Cause us to tear up what we have . At least 65010 more to make that change . Basically we would like the covered area to come into the house from inclement weather . F . I3iTommaso0 You mention about the kitchen area and having a garage on the other side would mitigate that benefit , in addition to the CDst ? ZBOA 2 / 4 / 92 PGo 9 A . That ' s right . If the garaga were relocated other then planed we would need to redo all of the driveways in Orden- to enter into the kitchen area . 04 . Everett : Haan large is the overall property ? It ' s 120 ' by 165 " F . D1Tommasot is the application to he 5 ' from the property line or 4 ' ? A . If we place a 22 foot garage - my neighbor after talking with her attorney asked that it be 5 ' in order that in the future if there were maintenance work to be completed there be enough room for ladders ., etc _ . . There would be 13 ' if you allowed a 22 foot garage . ( 15 ' hers plus 41 ) Mr . -Bachelor : Did not see that that would make a difference but requested that it be a 21 foot garage instead or a narrower entrance area if possible . HEARING OPEN TO THE PUBLIC HEARING CL. OSED AT 8 : 25 PM MOTIONS- MADE AT 6 : 55 PM FIND ARE ATTACHED B 2 0 199 A public hearing to crinsJ, dpr� the �i4aplic� �� hi _ r� so.khmitted by KAREL R . WESTERRL i NS of 144 Ncirt h S L- rinc- t L ry i::I r,.i} r, , New ` Cir fir. to Cibtrlirl a variance to Lbi.% tabIi � fr a Mobile I1 , h1E� �3 ;� ,lL �s L_ � �, and Uffic� e at fir' ab _� �.rt 159 IV� r% thr Street f] r• c� eF� andi r� egrae :� ti rip a v £'Iriari �' e t SectilDn 701 of the Dryden TiDwn Zciriiriq Ordinance . A pr.. bli. c' iminaring wa, �.i duly cor, ducted by th, icii TI ) wn cif Dryden BoArd of Zoning f4F} pua .I. s =IFr IIuesday , February �F , f. � � �=' with mp- fa ers prlcsent : Cheitxr'• rrnpLrr Fr• . r� c; ;, � R] i, T = rrirn ;as �_ a ] MInM j )OI i �LqBordonarc-1 , Alan l.- Arr1i:� ttea and Aria Ever crAt . to There is ric, ne i ghbi"irhlr;1cid r1pp1Z1S 1t i Cilri � . 5rzntirg the variance will ncit- alters the charactcRr of the ne i gh borh ocid . Z . Th p land in question w i l l. not yield a r6,n4!% , orrab 1 e return without the variance . 4n This parinp, 1 is rural ], Yr naaifr_1rp SU 'r` r° fti ,-Andecl by ecriimer, cial land �t . A m D lon was made by Drimi. riic 9ordr: rFar : tk7at t Ise var� iar� ce be gra7r, ted to Karl West e r l i n q to est a b l i Fh a Mci b i, l a Mizime 3amt 1 �n' s Lot and Office based on the findings . Secl:, nd t i_+ the mot i c.ir, waG il) Rde by A l jkn Laltrtc.i r t c-� . VDTr- YES ( 3 ) F . DiTicifirpask? , Al I-- fir citte and Dm Si=irdcinar l NO ( 0 ) AT 8 T AT Nr.' D ( 1 A . Everett llE I i l ON : VARI AN(45 51RAN 'T (-j' 11 Rrl F,1? S IDES C'' t fu 1. 1. Y S U 19J ilr .l. t t P d , rYr"l _: fa 1) .1" T C' rir1iaSri , Crhairrlan .J k' FEB 2o 1992 } � 4 "I . IJE �iI) fl `,' A public I-rr-' ar-I1rip t ":1 .1- he ;:,App ] is% atJ. i', rI SUhmit1C06 by CARL. AND RAT R T C Z A FOOTE r_, f :365 Or yd raT"I Roi;td I J? 7^ yd erq , New York t,.-.i o bt a i rr a V <-Jr ;i. anr- R to a MG_cl. t i .... II-Iaw1i :I v Rc,si37. dunc e at or .341 Hat" fC, r^ d Dryden FirDad and is r4 gl.t (= Li. nra t=L :_Lr' i. . xi•Ic � � r_x is= r � 701 , -f #: he i} fi �lerl r } wrI Zoning Ornd i narice . n pu. hl ic % hearing ' I r I' cpwr, I,,I 'F Dryden 6or) r' d of Tr.? rliriq f I3Isc-5 �� 1 > ,:_, r1 Tue { rJay , FE+ bi -.- I..l �kI.% v r, � I : ] `;? , ; U5! ]. tlei IYIr;.w fir.-: ram , p1%esenIt CHair i-pian l= ti ' aricis I) Li- Tornmaso iniriirir. fi E1r. r~ r7 �:griC70., 0 f1 .1, a7rI La Plot t and Arin Evezr' Qtt . 1=` .r. nr �� Ir� O � ; s P - ycr :l . One rpe-2irgl�ti �i ,_, r� k. 'LrI fav ,_, r" of the v &wi. Arlcp , rpone tir7 oppogitian . '.ThF. applicant f .,. i, eic ar , Ive the I, 7rlrlecarc ary t7r} clsh i per , 0 A rn " l- i _ r, was mj, dc�! by Pvm Everett that Cc=Lrl arid Patricia Fi-MiQ e+ be Ekarile (-ri the va 'r' ielYrf._ E? Di; }` [3qI"If.'. ntsd . Sec t Q the r;i ,=, i; i L",, rl was Elude by I} ,: , no i rI i c 0 ,::, r' Gi uric r ` r, VOTE YES ( tip ) C= , 17 is T ,=, rrkma so } A . Eve• -% a t t arkd Dot, d ,_4r- ak`o . tVC? f 1 ? R E._ zMr, t t e . A1! STA l hlF- D ( 0 ) I nN : L, ART, ANC1E DENIED . RuuPectfull, y suhwittQd , I) ATE �z / alf Z., � r' Dj. T ,:=, riiji z ,:� , C: haILrfliAn D L9uv9 FEB 2 B 199?_ kIOT I C: k'. Or-' DP. C I ',' ): UN a e� A public hearing to consider thei application submitted by CLIFFORD AND MILISSA POLLOCK of 940 Dryden Roy-dq Ithaca , New York to obtain a variance to erect and attached Pri. vat: cy Gararle to their existing home at 94 (? Dryden Road which would extend c1cis. er thar-, the required 15 feet from a side lot .line and is requesting a variance L ca Sect i cjn 804 . 2 of the Dryden Town •7_ ' r1irig Or - dirparir_ eo tl public hearing was duly ccinducte-rd by th•rc. Town of Dryden Board :; f Zcining Oppe;� kls cin Tuesday , February 4 , 1992 with members present : Chairman Francis, D i Towmaso , Dominic Bordonaro. Alan LaMot t e r and Ann Everett . P= l ND I NGS 1 . The neighbor with the m Est and direct i. ml:ract was in Favor of chanting the variance . The cost for a rearsonab l e alternative way and did not provide the practical benefits that: the applicant wanted . A rrn_iti. 1r, was made by Alan LaMotte that based on the findings the variance be granted . Second to the mot i o.m in was made by Dc:sm i rn i c Dl_ rdornaro . VOTE YES ( 3 ) F . D i l' cm7riascl , A . LaMcot t e and D . Dordclr, aro . NO ( 1 ) A . E= viceret t . AP. STRIPIi_ D ( t_r ) t) f-: M S I, (IN : VARIANCE. GRANTED . )) ATE�• =1! L _� F" rant^ .i. s D i "rcimmaso , Cha i. rman jr ^ 1