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HomeMy WebLinkAbout2009-07-07 TOWN OF DRYDEN Zoning Board of Appeals July 71h , 2009 i Members Present: Oers Kclemen, Chair, `I'hornas Quinn , Natan Huffman , Flint Brann Absent : Mark Maybury, Randy Marcus - Town ZBA Attorney, Excused : kn` \ Others 1'resent : Henry Slater - Zoning & Code Enforcement, Recording Secretary - Joy -c� d Foster, .Joe Solomon ('Town Board Representative) Applicants : Hargaret & Gregory Kimbell, 355 Ringnmood Road Aetarjie Leeseberg, 2149 Hanshaw Road. � Craig ffiggins, 8 Gentu►g Road Town :Residents : Ron Merriman , Ethan Skutt & Alex Skutt, Carol Bushberg . Meeting called to order at 7 : 30 I'M. Agenda : Marjie Leeseberg for an Area Variance to leave in place a pre- manufactured metal garage at 59 , from Hanshaw Road where 70' is required. Craig Higgins for an Area Variance to place at 8 Genung Road a site- built carport varying 37 ' — 55 ' from the center of Genung where 70 feet is required . Margaret & Gregory Kimbell who are requesting interpretation and Area Variance to extend the horse at 355 Ringwood Road , a pre-existing non conforming residential structure an additional 2 feet vary y varying 22 . 1 ' to 22 .9 ' from the rear property Line where 25 ' is required . Chair Ocrs Kelemen : Rends the Public Notice PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Town of Dryden will conduct a Public Hearing to consider the application of Marjie Leeseberg for an Area Variance , to leave in place at 2149 Hanshaw Road a pre-manufactured metal garage at 59 ' from Hanshaw Road where 70' minimum is required and is appealing Dryden Town Zoning Ordinance Section 754 . 1 to do so. SAID HEARING will be held on Tuesday July 7th , 2009 at 7:30 PM prevailing time at the Dryden Town Hal , 93 East Main St. Dryden NY, at which time all interested persons will be given an opportunity to be heard . Persons may appear in person or by agent. 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. ' ZBA - Minutes 7-7-09 Leeseberg Higgins Kimbell - I - • Oers: to Leeseberg anything else to add ? Ron Merriman speaks for Ms Leeseberg: Euenything has been pretty much explained to Henry about how and why it happened. Oers: So this structure is already there? Who is the contractor? Ron Merriman: This is a kit , I did it , but I put sides on it and an end with a door, this made it a garage . It is a portable building it has 4 stakes that hold it in the ground ; you can pick it up and move it anywhere you want to . No pad, there is gravel stones that was already there for a turn around . This is why the garage got placed where it is and I thought it was paced off to be within the requirements. Then I got the paperwork saying we needed a permit . Came into the building office explained that when I actually measured it , it was 10- 11 ' off. I was told we would have to get a variance and that the board had just met and Ms Leeseberg had just ordered the garage and in came in 2 weeks. She got discouraged and said was not going to do it. So the next year we came back in to building office and explained what we wanted to do . A new gentlemen in the building office and I was told we didn't need a permit) Said it' s a temporary structure and you don't need one . I explained it to him again . Again told don' t need permit. So we had the building put up several months later got a letter saying we are not in compliance , so that' s where we are at now. I talked to Henry and he told me to write all of this down. It's a beautiful place it's not an eye sore , there are hedgerows on both sides . I guess it was a temporary building until we put the sides on it making it a garage . So we just want to get this matter cleared. ® Oers: The road in front of structure looks to be straight. Not on the inside of the curb ? Ron: It 's straight. Henry : Everything Mr. Merriman said it correct, our department and should be part of the record created some of this confusion here. So I was called upon to make determination, by definition if you have an open side structure like a tube structure we call there , those types of structures are riot addressed by the code department, which that is the original type of stricture they were going to put up. But the moment that you enclose more than 2 sides by definition you have created a structure, So make it clear that )Ws Leeseberg came in 3 times and were told 3 different Stones each time. Char department is involved in the confusion here but we didn 't, create the incorrect setback that is why the structure is off. Quinn: so if you were to remove the panel from one it would fall back into not a structure? Henry : 1 guess but that 's not their indention. There is not foundation under it so if they were to move it they Mould always put it back. 1 understand why it was placed where it is, and I think it 's the most important issue of why they placed it where they did. Quinn: the side setback is ok. Henry: Correct the side setback is ok. Oers: gets a feeling from the board. board all seems fine with. where it is. ® Oers : Henn1 is this subject to any State regulation other than the 239. Henry: What would the State of NY say? The State of IVY does not have any land-use-authority. but the State does have road easement and roadbed authority and what they would say is that you will not under any circumstance locate any portion. of any structure within their given easement or roadbed. Question is it's a County road, so the County is the one that responded to ® that it has no negative irnpact. Oers : reads area variance 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: No this project will not create an undesirable change to the neighborhood. Motion made by : Tom Second : Natan 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 FOLLOWS: Pie building is situated where it will meet the needs of the homeowner the owner was initially advised by the 710tun of Dryden Building Department that the location was acceptable. is there no other practical way to meet the needs of the horneoruner? Motion made by : Toni Second : Flint All in favor Co IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL, THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : No the zoning rgndation.s require 70 feet front the center of the road this building is 59 feet fi•oni the center nI* the road. Motion made by : Tom Second : Flint 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 Negative impact and no negative response from the neighbor; refer to applicants answer : The heeseberg property is very well maintained and the carport is attractive . We do not believe there is any adverse impact as a result of the carports location . Motion made by : Ocrs Second : Tom All in favor ® E. IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF—CREATED, THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : No, the building was situated on the advice of Dryden Zoning Officer, developments changed the interpretations of the description of the building thus leading to a change in status. ® Motion made by : Torn Second : Natan All in favor THIS VARIANCE IS AN EXEMPT/ NON - EXF..MPT ACTION UNDER SEAR SECTION 617 . 5-c 12 & 13 11, subject to 239, it ' s within 500 ' physically of a County Jurisdictional Highway . Oers Reads the County Department of Planning Letter Pursuant to 239 L & M See letter below : s DEP a G alb � Alward C.•Hurx. AlCP Ap It 4 U Coe2mtsgIoncrof Phoning � � � + Telephone (607) 7,74w 60 and Publ fc Worts • . • i F&v (607) 274-SS78 July 70 2009 Mr. yienry Staler; TaningtCodo Enforcement Ofliocr Town of Dryden 93 @eat Main Street Dtydeat, NY 13053 Rc: Review Piusum to §139 4 and wm of the New York Stott 400 MMO) MimiM'pal l atv Elation: Arcs Vwt=cc, l cescbcr& 2149 Hinshaw Road. Tax Parcel No. .3l _147. 1 Dear Mr. Slats nis letter 2el3nox4cdgcs your referral of the pmpoutl then ified abovv for mgcw and earrtaxnt by ft Tompkis County Planning Delmriment lrartuant co §239 -1 and .m of the Now York Stnte Gencral Municdleal Low. TAc Department ttee roviewod floc proposal, as mbmitted, end has dettrnrinad that R has no nt&vivo inter- community, orcosmtywldo impacts. Platers inform us of your decision S* that we can stake An port of the record. Sinaunty. C FAw;udC Moat, AlCP CommLmiancr of Planning and Public Woks ® too it XA= *NMWU adrUeurtauutd 03 ouptasoy 6109 ►ta toe Iva ZV : 91 000tltoito Flint : motions that we approve this variance. Second : Tom All in favor Oers to Leeseberge Congratulations 8 : 10 Oers reads next case : Craig Hi ins Oers reads next case : PLEASE TAKE NOTICE that the Zoning Board of Appeals of the 'Town of Dryden will conduct a Public Hearing to consider the application of Craig Higgins for an Area Variance , to place at 8 Genung Road a site- built carport varying 37' - 55 ' from the center of Genung Road where 70 feet minimum is required and is appealing Dryden 'Town Zoning Ordinance Section 754 . 1 to do so. SAID HEARING will be held on Tuesday July 7th , 2009 at 7:45 PM prevailing time at the Dryden Town Islall, 93 East Main St. Dryden NY, at which time all interested persons will be given an opportunity to be heard . Persons may appear in person or by agent. 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. Oers: To Higgins, do you have anything else to add: Higgins: Nothing more ® Quinn: You say your house is already non-conforming on the setback, I imagine it was built before the zoning ordinance ? Higgins : bought in 1999 built I think in 1987 Higgins: It appears to me to be within 70 ' . Quinn : to Henry do you know that it is a. non-conforming lot? Henry : Its an approved subdivision lot., which can have issues of nonconformance. Higgins : The road is kind of at can angle so it 's hard to measure. Quinn: So you are saying then that the house does encroach the 70 '. His application states that his house is within. the 70 '. Henry: Measures the map to figure this out. Flint : This house when you bought it, it looks like there is a garage that was turned into living space. Higgins : We call it a m.udroorn. It was a double garage door on. it when we bought it, then that fell; apart put a single garage door on it, then 2 kids later turned into something more. Quinn: Why exactly do you want a carport? ® Higgins: Nice to keep snow off of cars, it 's about. a 19 ' X 20 ' to keep 2 cars under and I also have a boat.. Think it will look nice tool Jack Bush has no comment it was a positive/negative comment. Oers : General feel to ZBA - feel is if the house is already in nonconformance then it 's a no-brainer that the carport will be in nonconformance. Oers: Why is this the only reasonable spot to have it being noncom plying vs. putting it in a complying spot ? Is there something that prohibits that, makes it more expensive??? Higgins : Well 1 would have to extend my driveway past the face of the house and it ends tip being a lot of driveway, cutting into what we are trying to make a really nice front yard, we have planted many trees to make the corner private and to look nice. So extending that driveway more then we have too , I would rather have lawn vs. driveway. Ours : reads area variance 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: No negative impact will be created by this structure it will be behind tree cover and will mostly be hidden. Motion made by : Tom Second : Natan 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 FOLLOWS : Carport needs to be over the existing driveway, relocating the driveway would be an unreasonable requirement. . Motion made by : Tom Second : Natan All in favor Co IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: Yes it is ! Motion made by : Oers Second : Tom 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 : ® The proposed structural will not cause any substantial or environmental changes. Motion made by : Tom ® Second : Flint All in favor E. IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF-CREATED, THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS* Yes ! Motion made by : Trim Second : Flint All in favor TRIS VARIANCE IS AN EXEMPT/ NON - F.,XEMP] ACTION UNDER SEQR SECTION 617. 5- c 12 & 1.3 This appeal is the exception to 239 1.,&M Review as it does not encroach on any 239m -(B)(b) Flint 13rann moves that we Grant the Variance Tom : Second All in favor 8 # 35 Oers reads public notice for next hearing, Margaret and Gregory Kimbell PLEASE TAKE NOTICE that the "Zoning Board of Appeals of the Town of Dryden will conduct a Public Hearing to consider the application of Margaret and Gregory Kimbell . Who are requesting Dryden 'Town Zoning Board of Appeals interpretation and Area Variance to extend the home at 355 Flingwood Road a pre-existing non conforming residential structure , an additional 2 feet varying 22 . 1 ' to 22 , 9 ' from the rear property line where a minimum of 25 ' is required and are appealing Dryden Town Zoning Ordinance Section 754 . 7 to do so . SAID HEARING will be held on Tuesday July 7th, 2009 at 8:00 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 . Persons may appear in person or by agent. Individuals With visual , hearing or manual impairments and requiring assistance should contact the Town of Dryden at 667-844-8888 x 216 at least 48 hours prior to the tame of the public hearing. Oers : to Kimbell do you have anything else to arid? Kimbell: Give ZSA Board an entail front a neighbor about their project. Sec: below: Letter was scanned in but very small and poor to read . Copy will be in their file , this is what the letter said . To Randy Lacey from Greg Kimbell Randy, here is a recent drairring that we 've provided for the variance request. It shows that wed be ® converting the living roorn to a bedroom, extending the existing building footprint two feet to the south, plus adding the porch and deck on the south side. This requires a. variance since the east side of our house, which is What werr: extending is something like 22 feet from the property line instead of 25. The rnudroorn will be enclosing part of the existing front porch. We 've been assuming that the changes wouldn 't have art impact on you and your property. Greg To Greg Kimbell from Randy Lacey Greg- That is a very nice looking addition. You guys must be psyched. There are no problems at all relative to my property. If you want to trim or cut some trees on my side just let me know. The row of spruce trees 1 put in have grown pretty tall so if you want to let in more light just let me know. I'm only in town for another week then ofT to Colorado to work therefor 12 weeks, We have a pointer doing work on our house which we are gone and my son Forrest r.vill be stopping by but I would appreciate it if you kept your eyes open for strange activity when y are walking by. I have heard about John Rodgers and his brewery but have not met hint.. I believe he is close to the winenj of a friend front work (Damiani Winery) and a friend front the ski program knows John. I'm looking forward to a. lour of his brewenJ. He might have enough land to grow his own. hops. I would be happy to work with hint. If anything comes up you can call our cell phone Kandy Quinn: So all you really want to do is expand 2 ' on your house. Kimbell: Just 2 feet of enclosed house and then the porch an additional 8 feet. Quinn : Can I see a drawing Mr. Kimbell explains to Z8A the addition. on the house that they are requesting. He explains the drawings to all of the ZBA board, showing there plans. Oers : reads area variance 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 : The change in the structure is rninor and the effect will be negative to the neighborhood. Motion made by : Tom Second : Natan 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 FOLLOWS : No! Motion made by : Tom ® Second : Natsln All in favor C. IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : It is riot substantial. Motion made by : Tom Second : Oers 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 negative comments have been received Note: Positive comment has been given _fro►n nearest a%/ected neighhor, See email above, Motion made by : Flint Second : Natan All in favor E. IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF-CREATED. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: Yes' Motion made by Flint Second : Tom All in favor THIS VARIANCE IS AN EXEMPT/ NUN - EXEMPT ACTION UNDER SEQR SECTION 617. 5-e 12 & 13 SEE COIJNTY PLANNING 239 L.& M RESPONSE. BELOW DLP Q t r Bdvmrd C, Marq, AICP COMMItitonerofPlanri ng + a Tctc�+Aer�e ( Z?I•SS60 and Public Works ' • • • o lux (607) 27"M . 11.1(y 7, 2009 Air. }lusty SMtcr, ZoahWXodt Enforcement Oftlecr Town of Maven 93 Fast Maki Street prydetsr NY 1303 Rc: Review Ptusuant to §239 d and am of do New York Stoic General Municipal Law Actiow Am Variance, Kimbell, 355 Ringwood Romd, Tom Patecl No. Sl . 146 Dtar Mr. Slater. This tenor c4awwtaylea your referral of the proposal identilicd above far ravlsw and aotnmand by the 'ra"Ti ins County PlatatinS Department pumuattt to §239 4 and -en of the New York Stoic General hfunicipal Lot* The 0cpttrttntmt has tr0ewed the proposal, a tlm s submitted, mW hag determined t it hu tto neptsve b9cf- ccatmimity, or county-wlda• Impacts Pleasa infmm us of your decision so 4 at we can nuke it a part of the award. Sincerely, Edwnrd C, Mart, AICP Commissioner of Planning and Public 'Yorly loom M" NBOA89 OdUiSula" I'd 03 09111dVO4 pica t za l00 IYd tY : 01 GO9i/4040 Tom Quinn moves that we Grant the Variance ® Second : Flint All in favor Meeting adjourned at 8 : 45PM STATE OF NEW YORK& COUNTY OF TOMPKINS TOWN OF DRYDEN In the matter of the appeal of CERTIFICATE Craig Higgins The property located at 8 Genung Road, Ithaca, NY 148SO (Town of Dryden Tax Map Parcel No . 66 . 44 . 32) 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 2009 Oers Ke emen 1 NOTICE OF DECISION AREA VARIANCE APPLICANT: Craig Higgins July 7th, 2009 Chair Kelemen : PLEASE TAKE NOTICE that the "Zoning Board of Appeals of the Town of Dryden will conduct a Public Hearing to consider the application of Craig Higgins for an Area Variance, to place at 8 Genung Road a site-built carport varying 37 ' — 55 ' from the center of Genung Road where 70 feet mininnnn is required and is appealing Dryden Town Zoning Ordinance Section 754 . 1 to do so . SAID HFARfNG will be held on Tuesday .Duly 7th, 2009 at 7 : 45 PM prevailing time at the Dryden Town hall , 93 Last Main St. Dryden NY, at which time all interested persons will be given an opportunity to be heard . Persons may appear in person or by agent , 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. 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 : :Vo negative impact will be created by this structure it ivill be behind tree cover and will rnostly be hidden. 0 Motion made by : Tom Second : Natan 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 : Carport needs to be over the existing drive ►vay, relocating the drivelvay would be an unreasonable requirement. . ® 'Motion made by : Tom Notice Of Decision July 71 ', 2009 Craig Higgins, 8 Genung Rd . r Second : Natan All in favor C. IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : Yes it is! Motion made by : Oers Second : Tom 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: The proposed structural ivill not cause any substantial or environmental changes. Motion made by : Oers Second : Flint All in favor E. IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF- CREATED . THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : Yes! Motion made by: Tom Second : Flint All in favor THIS VARIANCE IS AN EXEMPT/ NON -EXEMPT ACTION UNDER SEQR SECTION 617.5-r 12 & 13 This appeal is the exception to 239 L&M Review as it does not encroach on any 239m- (B) (b) Flint Brann moves that we Grant the Variance Tom : Second All in favor DECISION: VARIANCE GRANTED CONGRATULATIONS ! Notice Of Decision July 7'h, 2009 Craig Higgins, 8 Gcnung Rd . .1 STATE OF NEW YORK: COUNTY OF TOMPKINS TOWN OF DRYDEN In the matter of the appeal of CERTIFICATE Margaret and Gregory Kimbell The property located at 355 Ringwood Road, Freeville , NY 13068 (Town of Dryden Tax Map Parcel No . 510 - 1 = 16) 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 .92009 ers Kelemen i NOTICE OF DECISION AREA VARIANCE APPLICANT : Margaret and Gregory Kimbell July 70 , 2009 Chair i cIemen : PLEASE TAKE NOTICE that the Zoniirig Board of Appeals of the Town 0f Dryden will corrciuct a F' ubl iC .Hearing to consider the ap1) 1Wation of Margaret and tv: regary Yjrnbell. Who are requesting Dryden Town Zoning ]hoard of Appeals Interpretation and Area Va ri %tncc to extend the home at 355 Ringwood Road , pr . xisting non conforming residentistl structure, an ad (I i tiona 12 feet varying 22 , I ' to 22 . 9 ' from the rear property line inhere a minimum of 25 ' is required and are appealing [?rydct� Town Zoning Ordinance Section 754:7 to do so, A I'D 1w.1 FARIN G Zvi 11 be held on Tuesday July 7th , 2009 at 8 : 01) FM. prevailing tune at the Dryden Town Hall, 93 bast iVlaii3 fit , Dryden NY, {ti wl� icl� time all interested persons will be given an oppo rut nity to be heard_ Persons may appear in person or by agent. Ind tviduals WtLh Visual, hearing or manual Impairments and requlrFig assistance should contact the Town of Dryden at 607-8444888 x 216 at least 48 hours prior to the time of the public hearing, 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 GRANTINGr OF THE AREA VARIANCE THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: The change in the ,structure is minor and the effect will be negative 10 the neighborhoo4l Mot inn made by ; Torn econd . N20n All in favor B , IN C.ONSIDERINry 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 : No ! Motion made by ; Tom Second . Nattan All in favor Notice OfDtcisi*n July 7'hi 2009 Ktinhell, 355 Ringwood Rd, C . IN CONSIDERING. WHETHER THE REQUESTED AREA VALIANCE IS SUBSTANTIAL. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: It is not saib.vanfial. Motion made by : Tom Second : Oe " All in favor D. IN CONSIDERING WHETHER THE PROPOSED VARIANCE WILL HAVE AN ADVERSE EFFECT OR IMPACT ON THE PHYSICAL OIL ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT. THE ZONINGS BOARD OF APPEALS FINDS AS FOLLOWS : X6 negative comments have been received ?Dote' Pox live cort:�fnen! has been given from nearem affected neighbor. See July anwes) 1'++lotton made by ; Flint Second ; Natan All in favor I F., IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF= CREATED , THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : Yes ! Motion made b ` Flint Sfcond : 'Torn All in favor T.HIFS VARIANCE IS AN EXEMPT/ NONmE HMPT ACTION UND R S-EQR SECTION 617.5 ,c 12 & 13 Project is object, (Iesm than 500 ' from a County Highway) to 239 L & N1 Reg ivlial Planning Review and Recommendation . Sec attached 7-7419 County Plxnnin� Review. Tom Quinn moves that We (glint the Variance Second : Flint Ali in favor DECISION : VARIANCE GRANTED CONC NATUI.A `,gIONS ' Notice Of Decision July 7&, 2009 Kim be111355 'Ringwood Rd. I i STATE OF NEW YORK* COUNTY OF TOMPKINS TOWN OF DRYDEN In the matter of the appeal of CERTIFICATE Marjie Leeseberg The property located at 2149 Hanshaw Road, Ithaca , NY 14850 (Town of Dryden Tax Map Parcel No . 31 . 41 27 . 1 ) 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 : Dryde , New York 2009 Oers Kelemen I NOTICE OF DECISION AREA VARIANCE APPLICANT: Marjie Leeseberg July 71h , 2009 Chair Kelemen : PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Town of Dryden will conduct a Public Hearing to consider the application of Marjie Leeseberg for an Area Variance , to leave in place at 2149 Hanshaw Road a pre- manufactured metal garage at 59 ' from Hanshaw Road where 70 ' minimum is required and is appealing Dryden Town Zoning Ordinance Section 754 . 1 to do so . SAID HEARING will be held on Tuesday July 7th, 2009 at 7 : 30 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 . Persons may appear in person or by agent . Individuals with visual , hearing or manual impairments and requiring assistance should contact the Town of Dryden at 607 -844 -8888 x 21. 6 at least 48 hours prior to the time of the public hearing. 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: Ato this project iv ill not create an undesirable change to the neighborhood Motion made by : Tom Second : Natan 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 FOLLOWS : The building is sihdated where it will meet the needs of the homeowner the owner was initially advised by the Town of Dryden Building Department that the location was acceptable. Is there no other practical way to meet the needs of the homeowner ? Motion made by : Tom Second : Flint All in favor Notice Of Decision .Iuly 7` ', 2009 Marjie Leeseberg, 2149 H ;mshaw Rd. Co IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL, THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: No the zoning regulations require 70 feet frond the center of the road this building is 59 feet from the center of the road. Motion made by : Tom SecondYlint 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: :Vo Negative impact and no negative response from the neighbor; refer to applicants answer: The Leeseberg property is very well maintained and the carport is attractive. We do not believe there is arty adverse impact as a result of the carports location. Motion made by : Oers Second : Tom All in favor E. IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF- CREATED . THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : ,Nlo, the buildings was situated on the advice of Dryden Zoning Officer; developments changed the interpretations of the description of the building thus leading to a change in status. Motion made by : Tom Second : Natan All in favor This Variance is EXEMPT / NON-EXEMPT ACTION UNDER SEQR SECTION b17 . 5- e 12 & 13 Is subject to 239, its within 500 ' physically of a County .lurisdictional Highway. Flint: motions that we approve this variance. Second : Tom All in favor DECISION: VARIANCE GRANTED CONGRATULATIONS ! Notice Of Decision July 7"', 2009 Marjie Leeseberg, 2149 I•Ianshaw RBI .