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HomeMy WebLinkAbout2011-07-12 TOWN OF D:RYD.EN • Zoning Board of Appeals 1 July .12t% 201 -1 O 1 , Members f?resent: Chair Tom Quinn, Flint Brann, Mark Maybury Absent: Mike Scott Exe sed : Deb Shigley Others Present : Dave Sprout - Zoning Rc Code I?nforcement, Recording Secretary - Joy Foster Applicant: Thomas L. Drake of 33 Bone Plain Road Town Residents: none Meetine called to order at 8: 0 PM Agenda : Area Variance Request to extend existing garage, seeks relief from Side Yard Setback Requirement of Section $04.2 Quinn : Reads the Public N Mice PLEASE TAKE NOTICE that the Zoning Board of Appeals for the Town of Dryden will hold a Public Hearing to consider the application of TI omas Drake who is requesting an Ares Variance for relief of Side Yard Setback requirement of Section 804 for the extension ' of an existing ggraae he owns at 33 Bone Plain Rd SAID HEARING will be held on Tue . July 12 , 2011 at 7: 30PM 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. Quinn: I have a question; you said that no other method would be feasible to do this project other than putting it near the side setback? That means you couldn 't put it on the other side of the building? I ! Mr. Drake : No I cannot move it to the other side of the building because there is a dog fence there and my heat source is there. Quinn: to applicant do you have anything further you would like us to know? i Mr. Drake : No Quinn: Haue we heard any kind of comments from the neighbors? li Dave: No comments at all. Quinn : to the Board do you have any questions or comments at this time? Do we have a sense of the Board of this issue? Board: No questions or comments we are ready to proceed. ZHA- Minutes 7- 12- 1 l Drake i I ® Quinn: Then 1 will now close the public hearing portion and we will go into deliberations. Board : will address the Area Variance Questions A-E ® 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 undesirable changes will take place. The only affected neighbor is supportive of the application. Motion made by : Quinn Second: Maybury 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 other method would be feasible as the dog fence and heating unit is on the other side of the building. Motion made by: Quinn Second : Brann All in favor Co IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: Yes it is substantial. Motion made by: Quinn Second: Maybury 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: There will be no negative impact o the physical or environmental conditions in the neighborhood. Motion made by: Quinn Second: Brann 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: Quinn Second: Brann All in favor 2 II i ATHIS VARIANCE 1S AN EXEMPT/ NON=EXEMPT ACTION UNDER SEQR SECTION (Type 11 action) SEQR 6NYCRR Section 617.5 -c Quinn moves that we grant the area variance for this project without conditions. ® Motion made by: Quinn Second: Bmnn All in favor Variance Granted, congratulations! 8:20PM meeting is adjourned. • 3 i