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HomeMy WebLinkAbout2014-08-05.pdfTOWN OF DRYDEN Zoning Board of Appeals August 5, 2014 Members Present: Nelson Hogg (Chair), Gene German, Ben Curtis, Jeff Fearn Absent: Henry Slater ZBA member & Joy Foster, Recording Secretary Others Present: David Sprout, Code Enforcement Applicants : Herman Beals Town Residents : Carol Dik, Curt & Nancy Gwilliam, Nancy & Ed Couch Meeting called to order at 7:00 PM Agenda Herman Beals 427 Ferguson Road, Area Variance to install carport. : Herman Beals - Area Variance Chair Hogg: calls the meeting to order at 7 PM Chair Hogg reads the public notice: PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Town of Dryden will hold a Public Hearing to consider the application of Herman Beals who is requesting an area variance for relief from the neighborhood residential zoning district lot frontage requirement of 50 feet. Mr. Beals requests relief of 36 feet. The property is located on 427 Ferguson Road. SAID HEARING will be held on Tue. August 5, 2014 at 7:00 pm prevailing time at the Dryden Town Hall, 93 East Main St. Dryden NY, at which time all interested persons will be given an opportunity to be heard. Individuals with visual, hearing or manual impairments and requiring assistance should contact the Town of Dryden at 607-844-8888 x 216 at least 48 hours prior to the time of the public hearing. Hogg to applicant: Do you have anything further you would like to add. Beals: No. Nothing more then what I have already included, it seems like the most logical place to put the carport The spot is just a grassy area not currently being used, would be a good spot and I would like to be able to place the 4 cars under it and out of the weather and out of view. Neighbor: I would just like to know where he plans on putting this carport on his property. Hogg: Has there been any response from the public? Are there any comments or questions from the audience, or from the board? Beals: shows picture of his property to all the neighbors in the audience and where the carport will be and discusses with them how the carport will be build and what it will look like. It will have open sides and posts will be in cement making this a permanent structure. Also discuses with neighbors how far from back lot line this will be. Hogg: Anyone on the board have any questions or comments? German: I would like you to describe a little bit more completely what this will be. Beal: It's a commercial carport with a small peaked roof with a curved arch supported by 6-8 steel posts, solid roof, open sides would be green to blend in with the trees. The roof is solid metal. Curtis: now you are proposing to place this between the two rows of trees Beal: Yes, there are no structures there Curtis: and the problem with putting it in the backyard ? Beal: There are 2 issues, one when it rains its very wet and creates ruts and the other issue is there is a very large beautiful Oak tree in backyard that drops acorns and dents things and branches drop. Hogg: and you don't have enough room to place this elsewhere out from Oak tree? Beal: The property is split in 2 and the rear doesn't have access to and the width of our property is huge compared to the depth and there is a stream in back of property runs to pond so vehicles can't access . Fearn: the trees or bushes in the front what are they? Beal: they are pine trees and in winter the screen is still pretty much still there due to the type trees that are there. There also is shrubbery. German: so the building would be 18' wide and placed between the 2 rows of trees and 36' in length? Curtis: so you would no longer have unregistered cars in the front yard? Beal: Well I would like to know what the law is on that, I understand I can have car-covers ? Curtis: isn't this the reason for the carport to keep the cars out of view? Beal: well I like to keep several cars and don't license them all at the same time. I register at DMV only as needed and I turn plates in when off road, and I keep liability insurance. Hogg: how many cars do you have? Beal: well I have 4 cars that are licensed and 4 that are not. Hogg: well I have been informed by the Zoning Officer that it's not part of our decision making whether you have licensed cars or not. We just have to decide if we can grant a variance on putting up this carport. We could attach conditions to our decision as well. Curtis: this carport would allow Mr. Beals to store his cars in a more attractive way then out in the open. Board talks about some conditions if they grant the variance. Fearn: How much of the carport will be open, like how high is the curve from the ground to top ? Beal: I m looking for a height of 7'. Motion made by: Curtis to proceed and close the public hearing Second: German- Yes All in favor - Yes Hogg: closes the public part of hearing 7:24 PM Hogg: so at this point we will answer these 5 questions. A. IN CONSIDERING WHETHER AN UNDESIRABLE CHANGE WOULD BE PRODUCED IN THE CHARACTER OF THE NEIGHBORHOOD OR DETRIMENT TO NEARBY PROPERTIES WILL BE CREATED BY GRANTING OF THE AREA VARIANCE THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: Provided that there would be no unregistered vehicles on the property other than those placed in the car port and that the current screening will remain in height and depth this will not cause an undesirable change to the neighborhood. Motion made by: Curtis - Yes Second: German- Yes NO-Fearn 3- Yes 1-No B. IN CONSIDERING WHETHER THE BENEFITS SOUGHT BY THE APPLICANT CAN BE ACHIEVED BY SOME OTHER METHOD, FEASIBLE FOR THE APPLICANT TO PURSUE, OTHER THAN AN AREA VARIANCE, THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: It could be installed to back of house, but that would require creating a driveway. Motion made by: Hogg - Yes Second: Fearn - Yes All in favor - Yes C. IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: Yes it is more than two-thirds of the requirement but the visual impact is off-set to some extent by the screening provided by the shrubbery and trees Motion made by: Curtis- Yes Second: German - Yes All in favor - Yes D. IN CONSIDERING WHETHER THE PROPOSED VARIANCE WILL HAVE AN ADVERSE EFFECT OR IMPACT ON THE PHYSICAL OR ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: If conditions given in A are met then there will be no adverse effect on the physical or environmental conditions in the neighborhood. Motion made by: Curtis - Yes Second: Fearn- Yes All in favor - Yes E. IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF- CREATED. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: Yes self created as applicant can dispose of his cars or locate somewhere else Motion made by: Hogg - Yes Second: Curtis- Yes All in favor - Yes Curtis: moves that we accept the recommendation of the Planning Department to classify this as Second: Hogg - Yes SEQR exempt type II action part 617.5c- 12 All in favor - Yes Motion made by: Curtis to grant the variance for the carport subject to the two conditions stated below: Provided that there would be no unregistered vehicles on the property other than those placed in the car port and that the current screening will remain in height and depth. Second: German- Yes All in favor - Yes Congratulations you have your variance and good luck with your project Hogg: meeting adjourned Second: German- Yes All in favor - Yes Joy Foster, Recording Secretary