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Home My WebLink About2012-01-03 1 TOWN OF DRYDEN Zoning Board of Appeals Jan . 3, 2012 Members Present: Chair Tom Quinn, Deb Shigley, Mark Maybury, Flint Brann, Nelson Hogg Absent * Others Present: Dave Sprout - Zoning & Code Enforcement, Recording Secretary - Joy Foster, Joe Solomon -Town Board Representative Applicants : Todd Pavek for Christi Diamond Town Residents : none eetingcalled to order at 7:32PK Agenda : Request to locate a pre4ab 20' X 24' shed within 2' of the side lot line and within 16' of the rear lot line. Area Variance for 67 Sapsucker Woods Road Quinn : Heads the Public Notice PLEASE TAKE NOTICE that the Zoning Hoard of Appeals for the Town of Dryden will hold a Public Hearing to consider the application of Christi Diamo d who is requesting an .Area • Variance for relief from Dryden Zoning Ordinance Section 754.2 side and rear yard eg setback requirements. at 67 Sapsucker Woods Road, - in-girder to locate a prefabricated 20'X24' shed within 2 ' of the side lot line and within 16' of the rear lot line. SAID HEARING will be held on Tue. Jan. 3 , 2012 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 : this is subject in 2391& m review and the County has indicated that this is not an issue with them. Dave have we heard anything from neighbors? Dave Sprout: Received I phone call from a person can Cardinal Road and they were against it until I told her the details. Quinn : so once they understoodd, they were fine with this. Quinn : You mention changing the historic nature of the lot, can you explain firther. Applicant: I didn 't mean to imply that the old shed had historic value, meant to say that by replacing structures It will not change the area, just taking out the old shed and replacing in same place the new structure. Quinn: so you 're not changing the historic nature of the shed just changing the size of the shed • Deb Shigley: I just want to note on record that I know Todd; we work in the scone division at Cornell. ;Ve do not work together m• we are not in the same building just the same division. And my decision will not be affected by this. ZBA- Minutes 1 -3- 12 Diamond - 1 - • i Brann : now this boarders between the Town of Ithaca and the Town of Dryden? Sprout: the road boarders not where the setback will be. flo Being new to the board, I m wondering i the neighboring properties are not! red in writing. t I�� fi g f g Sp pe I' g Joy: people within 500 ' are sent a postcard with all the hearing information details, and date and tine of hearing. They are given a chance to call for questions and or attend the !tearing I i Brann : to applicant and there is no other place on the property to put this shed dtte to septic, wells etc. . . Applicant: Technically we could put it anywhere in the backyard; the one thing about this location is that it is jar remote from both streets and out of view, that it seems like tire better place for it. I i' � I Quinn: are you going to put a gravel pad under the shed? Applicant: yes Quinn: 1 have no further questions; can 1 get a sense of the board? Board: ready to answer the 5 questions and to move on. Quinn: we will close this part of the public hearing. i 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 change will result in the character of the neighborhood or detriment to the nearby ® properties by ,granting the variance as the new shed is replacing an existing one. Motion made by: Quinn J Second: Shlgley 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: The proposed shed could be placed elsewhere on the lot but would be more likely to be in the view shed of adjoining properties. Motion made by: Quinn Second: Mnybury i All in favor Ce IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL, THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: Yes it is substantial; the side setback should be 15 ' and the rear setback should be 25 . Motion made by: Quinn • Second: Brann All in favor 2 • C,• f i I ' 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 i FOLLOWS: The proposed variance will have no adverse effect or impact on the physical or j environmental conditions in the neighborhood or district, as there already is a shed in place. No neighbors objected the only response was supportive. Motion made by: Shigley Second: Quinn All in favor i E. IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF- CREATED. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: Yes it isl Motion made by: Mayhary Second: Quinn All in favor THIS VARIANCE IS AN EXEMPT/ NON-EXEMPT ACTION UNDER SF,QR SECTION (Type 11 Activity) NYCRR Section 617. 5 -c This appeal is subject to 239 [AM General Municipal Review. Shigley motions that the variance be granted. Second: Rrann All in favor Variance Granted, congratulations! Quinn : I would also like to have the record reflect that we still do not have legal counsel here , and 1 think we should and I m going to pursue that with Mary Ann Sumner and the Board and I 'm also going to continue to get the law rewritten about the alternates . Quinn: if there are no other issues before this board I declare this hearing closed. 8:00 PM i 3