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Home My WebLink About2007-11-06 TOWN OF DRYDEN Zoning Board of Appeals November 6"' , 2007 Members Present : Oers Kelemen , Chair, John Goodrow, Thomas Quinn Absent: Paul Luhvak Excused : David Sprout has resigned for new job as Code Enforcement Officer for Town of ftoN Dryden . J Others Present: Randy Marcus, Town ZBA Attorney ; Henry Slater, Director of Zoning & Code Enforcement; Recording Secretary, Joy Poster Applicants : Barbara & Harris Dayton Town Residents : Ron Szymanski iVleeting called to order at 7: 55 PM. Agenda , Barbara & Harris Dayton, 105 Johnson Rd . Barbara &, Harris Dayton, Area Variance Chair Kelemen : Please take notice that the zoning Board ofAppeals of the Town of Dryden will continue a public hearing to consider the application of, Mr. & Mrs. Dayton who are requesting a area variance to construct a 32 ' X 32 ' square foot detachedprivate garage to their existing single-family residence at ] 05 Johnson Rd. they are appealing Dryden Town Zoning Ordinance Section 804. 1 & 2 to do so. Oers asks the Dayton 's if they have anything else or new to add? Dayton 's: No Oers : asks the ZRA if they have any questions? ZBA : No Oers : we tyre not going to close the public portion of this hearing, we will just discuss among ourselves, and we may ask you questions. I ZBA 11 -06-2007 ® Page 2 of 4 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 . 1V6. It will not. The neighborhood has very felt' houses many of which are similar to applicants. The addition of a garagle will have a positive eJ>ect on the rzeiglrborhood. Motion made by : Tom Quinn Second by : John Goodrow All in favor 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 the following. Y111 reasonable avenues including the consideration for septic system has been examined, the proposed garage is in the most logical location. Motion made by: Oers Kelemen Second by: Tom Quinn All in favor C . In considering whether the requested area variance is substantial. The zoning board of appeals finds as follows . The rear setback will be 10 %, feet where 25 ' is required This is substantial but considering the low housing density in the area, it will have minirnal impact. Motion made by Tom Quinn : Second : John Goodrow All in favor 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 : No. See A, B, & C Motions made by : John Goodrow OSecond by : Tom Quinn All in favor ZBA 1 k06-2007 Page 3 of 4 E. In considering whether the alleged difficulty was self-created . The Zoning Board of Appeals finds as follows : Yes it isl rVotion made by : Tom Quinn Second by : John Coodrow All in favor This anneal is an Exempt action under SEOR see 6NYCRR Part 617 Section 617 5-c- . 12+. 13 Final overall: John Goodrow : made a motion to Grant the Variance Torn Quinn : second the motion All in favor Oers to Dayton 's : Contradictions your variance has been granted. Meeting adjourned at 8 : 1. 0 PM Respectfully submitted, Jr.,y Foster Recording .Secretary STATE OF NEW YORK& COUNTY OF TOMPKINS TOWN OF DRYDEN In the matter of the appeal of CERTIFICATE Mr. & Mrs . Dayton The property located at 105 Johnson Rd . F.reeville (Town of Dryden Tax Map Parcel No . 39 . - 1 - 24) I , Oers Kelemen, Chairperson of the Town of Dryden ZONING ® BOARD OF APPEALS, do hereby certify pursuant to Rule 6 of the Rules of Procedure of such Board , that the foregoing are the findings of fact and decision approved by such Board on : Dated : Dryd n, New York / t?? 12007 Oers Kelemen NOTICE OF DECISION AREA VARIANCE APPLICANT: Mr. & Mrs. Dayton November 6th, 2007 A public hearing was held by the Zoning Board of Appeals at the Town of Dryden to consider the application of Barbara & Harris Dayton who is appealing Dryden Town Zoning Ordinance Section 804 . 1 & . 2 to construct a 32 X 32 square foot detached private garage to existing residence . Said hearing was duly conducted by the Town of Dryden Zoning Board of Appeals on Tuesday November 6111, 2007 , at 7 : 55 PM with members present : Chairperson Oers Kelemen, Thomas Quinn, and John Goodrow. 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: It will not. The neighborhood has very few houses many of ivhich are similar to applicants. The addition of a garage will have a positive effect on the neighborhood Motion made by : Torn Quinn Second by : John Goodrow All in favor Be 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: All reasonable avenues including the consideration for septic system has been examined, the proposed garaf?e is in the »cost logical location. Motion made by: Oers Kelemen Second by: Tom Quinn OAll in favor Notice Of I)ecision November 6th , 2007 Barbara & Harris Dayton , 105 .1ohnson Rd . Freeville Page 2 of 3 i Co IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: The rear setback will he 10 % feet where 25 ' is required. This is substantial but considering the low housing density in the area, it will have minimal impact. Motion made; by Tom Quinn : Second : -John Goodrow All in favor 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: No. &e A, 11, c& C. Motions made by : John Coodrow Second by : Tom Quinn All in favor E. IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF- CREATED. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: Yes it is. Motion made by : 'l'om Quinn Second : John Goodrow All in favor This anneal is an Exempt action under SEOR see 6N1 YCRR Part 617 Section 617. 5-c-. 12+. 13 Final overal ® John Goodrow : made a motion to Grant the Variance Tom Quinn : second the motion All in fervor Notice Of Decision November 6tb , 2007 Barbara & Harris Dayton, 105 Johnson Rd. Freeville Page 3 of 3 I