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HomeMy WebLinkAbout2005-07-05 ' Town of Dryden Zoning Board Appeals July 5 , 2005 Members Present : Chairperson Oers Kelemen, *rhoinas Quinn, David Sprout, Jolu1 Goodrow , and Paul Lutwak Also Present : ZBA Attorney handy Marcus , Kevin Ezell, Glen and Edie Schneider, OU Tim and Heather Gowe , Kris Strickland , and Amber Guernsev Agenda : ( 1 ) Glenn and Edie Schneider (2)Tim and Heather Gowe ( I )Glenn and Edie Schneider 7 : 30pm Chairman Oers Kelemen calls to order the Dryden Zoning 13oard meeting for the month of July . O . Kelemen The first hearing is Glen and Edie Schneider who owns a parcel property which fronts the various location of Slaterville Road and Brooktondale Road . You have for sale 5 . 6 acres parcel dividing 108 ft. public street frontage along Brooktondale Road . We require 125 ft. of public street frontage . With 5 . 61 acres available there appear to ' be no problems . There is a potential concern which could have some negative effect on the overall development proposed by 5 . 61 acres which is the presents of the established major flood area, which is created within the lot by a six mile creek. Attached there is a copy of the printed flood plain . Also attached is a page labeled Closed concepts Sketch number 3 . if you compare the two you will observe a certain sufficient development space or a single the family home . Are the Schneider here? Do you have any-thing to add to of what I just read here'? G . Schneider Yeah, we had a pert test done and we applied for a sewer permit . And that seemed to approve to meet the requirement for the sand filter. There ' s really only one building spot on the five acres because it ' s a flood situation and I think that' s right closer to Brooktondale Road were they filled in 30 years ago or so . That rises the building site considerably higher. i think if you look where Brooktondale Road is and go in about 100 yards that were we did the Perk test. P . Lutwak is it proposed that the septic is in the front of the house '? G. Schneider No , we picked a spot in the back of the house , it' s less slanted . E . Schneider We had someone who was interested in purchasing this land at one time , and they actually had an architect who planed where they would put the house . Most of the land is down where the six ' mile creek is . ® 0 . Kelemen Randy is this normal for us to look at the conceptual situation in order to help along with the land sale for some propose in the future ? It . Marcus It ' s up to you as to what information you feel is going to be useful in making a decision . There is no prohibition for taking examples of what might be done with the land . Your obviously not approving any particular land, location, size or development. Something like this might benefit you in the sense that you can see how the approve- mentss would fit onto the property . 0 . Kelemen So , are we giving an indication if it meets whatever we approve of now it would probably be okay 5 months from now? R . Marcus Your variances attach to the land permanently. It has nothing to do with when the property is developed . Your grid of variances only allow this property with 180 feet of frontage even know the law requires 125 feet. That ' s the only consideration . 0 . Kelemen And that won ' t change . Your right. P . Lutwak When you look at the lot your dividing off 108 feet. The piece that your breaking of ]tow much is on that other piece? Is that 25 . I mean on the scale that looks like that ' s much more then that. G . Schneider The total piece of land which includes the 5 . 6 acres is about 27 acres I believe . P . Lutwak What ' s the road frontage on the total piece ? G . Scluleider On Brooktondale Road there is 108 and then when you go around the Corner to Slaterville Road we have probably 100 ft of frontage there . And then there ' s a little family house that sits on Slaterville Road and on one side of it, it has 30 ft of frontage between the two homes and on the other side of that there ' s probably only 100 . Our plan is to sell this and build on it . Then the remaining 22 acres , I think will be pretty much land lock, we will give to our daughter. So this would kind of be our last time dealing with this land . We would still own that 22 acres . E . Schneider It starts on Slaterville Road and then it wraps around . P . Lutwak So you don ' t own this piece right here , that' s empty? G . Schneider To the South of it. E . Schneider No G . Schneider There ' s quite a few homes that have been sold off in the past years that were built and were once part of the farm that separated these two pieces . Between our land and where this piece is on Brooktondale Road there is probably 3 or 4 homes built that have road frontage . P . LutN,<<ak I don ' t see any structure on this piece? E . Schneider This piece has a home on it . K. Ezell `rhe piece that is 5 . 6 acres has a building that was built in the 1990 ' s so there could be other buildings on there besides what it shows . 0 . Kelemen Kevin do you know if there is a building? E . Schneider I think this is the one you ' re asking about. That is also for sale, there is a for sale sign on that lot.. So there is nothing on that actual lot . K. Ezell `-j"hat is a vacant lot . ' I'. Quinn o do 1 understand that there is a series of tmxomforting lots right in there. without the 125 11? G. Schneider T think to the neighboring lot the one that you ' re speaking of that is for sale . 1 think that there is more then 12. INC f. uIiun Whats on the other side of your purposed lot? E . Schneider On the other side is a home - T . QUilln And again that ' s someone else ' s lot, and that doesn ' t belong to you right? E, Schneider No T . Quinn Okay . D , Kelemen Any further comments? , Schneider No, it ' s just that it Ioaks like a home would Sit iu there nicely and not i �, terlere itli anyone . It joist seems like a slice Tay to use those 5 1/ acres 909 Kelemen We aren ' t disputing that, T. Quinn Kevin have we heard from any of the neighbors? K - SU-11 I have not heard anything - 0 . Kelemen Okay , *1bat we do noun is close the public common section of the hearing , We wilI come back to your ease after we hear the other one and have a decision tonight, your welcome to stay and listen to the proceedings or we can call you in the morning . G - Schneider Thanks , I think we are going to leave . D , Kelernen Thank you . Public hearing close at 7 : 4 (2)"tim and Heather Gouwe 7 , 52 D , eleinen Next we have "timothy and Heather Gowc , You would like to havee are accessary residential garage at your 15 Dutcher road Horne . Which requires a 70 ft yard set back iu the central line . And you have a very minor over hang , T. Gowe The first post of the over hang would ac( uaIIy be a p prox imately 64 -6 5 Ftr set back aff the road and then the rest of the hui Iding would run parallel With my 110uSe . That' s the only reason} i want it to set that way so I can run it parallel and in the future I can build of my porch acid then make soine attachment or something and brut them all inlinc together, it would just Till rnuch bettcr- 0- Kelemen It would be more aesthetic. T . Gowe YeN . and the other thing is on the corner lots which I wasn ' t aware of Is that due to the fact that my address is on Dutcher Road I ' m allowed 70 -f- se-t back because they consider that the front yard . On North Road I ' m allowed 52 , 5 ft because. that ' s considered my side }yard . S o if my address was changed it would actually be 52 . 5 ft. , this applies to corner lots 0311y. I be [ ieve that ' s in zoning regulations . D , Kelemen Teo we all understand what the appeal is ; do a have any questions? T . Gowe if you have any questions for me I ' m free to answer them . O, Kelemen Pro sorry do you have further comments or would like to add anything? 1 , owe Basically no , It was just the septic., obviously 1 wanted the septic gar�ige and wanted to put il. inIine with the house , It will start tapering when that 70 ft cones parallel with the house . The actual building is going to taper of that 70 il . P . Lut ak Yoar okay with the NYSEG company right" T _ Gowe Yes, it ' s a 10 ft setback, I already checked , And that is actually going to free inc up a foot or two away from that and its only one corner. Plus the power 1117e starts tapering off. O , l elemen Any questions from the panel ? K . Ezell I haven ' t seen a copy of the purchase agreement. H . Gowe I have the purchase agreement , K. Ezell Yes , without it will be non confonning in that area_ R , Marcus So where exactly is the area being purchased? T . 3owe It ' s on the Dutcher road side and it will go another 1 10 ft _ R, Marcus To the South end? TI Gowe. It will actually head towards the east . .Dutcher Road runs cast_ It wit [ be 110 ft farther up the road and that wiI I be street tmd back . I have the actual drawings ofthe proposal and the purchase . R _ Marcus So Kevin you would not be in the position to issue a buiIdIng permit towards us tint[ [ you have evidence that they ' ve required that add - itional property? K. Edell Yes, that would be correct. If they put it up it would be non conflorm - ing so I. would issue a zoning permit. O . elemen Anymore questions? The publi Jc common section closed , Chairmen 1 eIemcn closed that public Bearings at 7 : 55 and the board began their de1ib2ra ions . ( 1 ) Glenn and Edict Schneider A _ TN CONSIDERING W4 IETHER AN' LINDESiRABLE C14ANGE WOULD BE PRODUCED IN 19H2 CHARACTER OF TIES NEI H'B0RHOOD OR DETI ENT TO NEARBY PROPERTIES WILL BE CREATED BY GRANTING or THB AREA VARIANCE THE ZONINC BOARD OF APPEALS FENDS AS FOLLOWS . There were no objections voiced by neighbors , and the proposed building sit. will minimize the appearance of smaller frontage . There wilt be no significant impact on the neighborhood , Motiom Thomas QuiDn Second: John Goodrow In Favor ; 5 Opposod : 0 13 , IN CONSiDERING WHETHER THE BENEFITS SOUL HT BY THE APPLICANT CAN EE AC141 ' VPD BY SOME OTHER METHOD, FEASIBLE FOR THE APPLICANT TO PERSUE , OTHER THAN AN AREA VARIANCE , THE ZONINCI BOARD OF APPEALS FINDS AS THE FOLLOWING ; The only period to achicvc cuirormity wotild be to purchase addirional land , Motion : Ores KeJernen Second ; Pahl Lutwak In Favor. 5 0pposeds, 0 C . ICE CONSIJDE RING WHETHER THE REWUFSTED AREA VARIANCE I SUBSTANTIAL , THE ZONING BOARD OF APPEALS 10A INDS AS THE FOLLOWING No, it ir� a mauvr vF l7 JI. out of 125 ft , which doesn ' t irnpnc [ the: neighborhood based on present donsiiv , Motion : Thomas Quinn Second ; John Goodrow In Favor : 5 Opposed : Q I) . IN CO rSIDERfNG WHEjI 'HLR THE PR.OPSED VARIANCE W ILL HAVE AN ADVEI SE E9ImATECF OR IMPACT ON THE PH SICAL OR ENVIORNMEN TA CONDITIONS IN TIDE FOLLOWfNG NEIGHBORHOOD OIL DISTRICT, THE ONIN BOARD OF APPEALS FINDS AS THE FOLLOWING The site is in all other respects to be dev0opcd within exisdna zoning regulations and can be utilized -vithout encroaching on Flood Plain , Motion . Ores Kelemen Second : David Sprout In Favor: 5 Opposed : 0 E , IN CONS IDI RRNFO WHETHER THE ALLE 2D DIFFICULTY WAS SELFw CREATED _ THE CONING BOARD 01' APPEALS FINDS AS THEN P OLLO WrNG Ycr�, Che o}goer has chaser to divide the lot this way . Motion : Jolm Goodrow Seri}nd : David Sprout In Favor : 5 Opposed ; 4 THIS VARIANCE IS AN EXEMPT/ NON-EXEMPT ACTION UNDER SEAR SECTION 702A Motion : Ores Kelemen Seoond : John Goodrow In Favor: 5 Opposed: 0 DECISION: VARIANCE GRANTED, as requested Town of Dryden ZBA ® August 2 2005 Agenda : Area Variance for 1. ]=hint Grove Rd Members Present : David Sprout, John Goodrow , Paul Lutwak, and Thomas Quinn Also Present : Z-BA Attorney Randy Marcus , Kevin Ezell and Amber Guernsey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ( 1 ) Area of Variance for 1 Hunt Grove Rd 7 : 45 D . Sprout Please take notice the Zoning Board Appeals of the direct town of Dryden will conduct a public hearing considering application of John Goodrow and Mary Sheldon of 1 Hunt Grove Road , Ithaca NY . They are 0 attaching construction of 60 feet from Hunt Grove Road where 70 feet is required and are requesting a variance from section 703 . 1 of the Dryden Town Zoning Board . J . Goodrow I just want to say that this second request has come based On an error on my part and it wasn ' t that the structure was Constructed wrong or anything like that. Everything was appropriately built it was just based on an error on my part measuring from the center line is why the second request is coming up . R . Marcus Just for the record what ' s the difference between what you Had thought last time versus how it is now . J . Goodrow The actual center of the road is not parallel to the house . So the error that I made the first time was that the center line of the road is parallel to the house , therefore as I added on to the house the direction parallel was inaccurate . The added space would be the same distance from the road as the existing corner of the house . So it ' s the corner that didn ' t exist prior that ' s too close to the road based on a ® previous variance because there is this bend in the road which brings the center line closer to the house as you go in that direction . R . Marcus And how many feet closer are we talking about? J . Goodrow About 2 feet . R. Marcus Are there any neighbors that responded ? K . Ezell No , it was the same as last time . J . Goodrow 1 did discuss this second variance request with my Immediate neighbors and they all stopped over to find out what was going on . So 1 explained the situation and none of them had any further problems . R . Marcus Is the construction finished now? J . Goodrow No its not . The foundation is finished and the framing has started . But we are not finished yet . R . Marcus But there is enough there so if the neighbors stopped by they could see? J . Goodrow Certainly . Public blearing Closed at 7 : 55p . m . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0a600aa0aa8a . . . . . . aa08Ea86aaaaa T . Quinn I would like to rule that we take all the reasons for granting based on the previous findings for this hearing and we grant the variance based on inaccurate measurement that was unavoidable at the time . P . Lutwak 1 second that . T . Quinn All in favor? Everyone Everyone in favor.