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HomeMy WebLinkAbout2017-06-27TOWN OF DRYDEN Zoning Board of Appeals June 27, 2017 Members Present: Jeff Fearn (Chair), Ben Curtis, Henry Slater, Mike Ward Absent: Gene German Others Present: Ray Burger Director of Planning, Joy Foster, Recording Secretary, ZBA Residents: 0 AL,enda: Area variance, 542 Main St.(Etna) Area variance 13 Ringwood Court W Meeting called to order at 7:03 PM 542 Main Street, Area Variance Applicant: James A. Graney Chair Fearn reads 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 James A. Granev for an area variance at 642 Main Street. Etna to build a car port within six feet of the side yard lot line. where 16 feet is reauired. Mr. Granev is reauestina eleven feet of relief from the side vard setback reauirement listed in Article VI. Section 600: Area and Bulk Table. SAID HEARING will be held on flue. June 27. 2017 at 7:00 vin, 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. Fearn: asked applicant if he has anything further to add? Applicant Mr. Granev adds that he will have another driver in the home and another car, needs to have a safer place to pull out and space to park. Says over the years the State has paved the road over and over making it like afoot higher, the driveway is dangerous to pull onto road to move cars around. Fearn asks the board if there are any questions: Slater to applicant asks if neighbors had any objections and if flood plain was addressed. LETTERS NEXT»»»»> JG Sage 24 Upper Creek Road Etna NY 13o62 June 13, 2017 Town of Dryden Zoning Board 93 East Main Street Dryden NY 13053 Good day. I'm writing in support of James Graney's request for an AREA VARIANCE at his residence, 542 Main Street, Etna NY. Mr. Graney's property is always attractive and well -kept, adding greatly to the appearance of our community. I support his request. Respectfully submitted, Y2jeeagage c: Jim Graney 6-27-17, Mark Goldfarb came Into office today and spoke to Dave Sprout, Mark is owner on opposite side of carport has no objection to the carport. r' .�44 �� Ray Burger: says see letter from neighbor and that behind the house is a creek and not affected by this carport. Curtis to applicant: I have looked at your site and Pm wondering about the concrete containing blocks, will carport be located within these blocks? Applicant: carport will be within the blocks, on cement pad, there will be footers that hold the metal poles with a wooden roof. Roof will be all contained within the blocks so that the rain/runoff will flow downward onto the gravel to drain. Fearn: reads the County planning letter. LETTER NEXT »»»»»»»»»»»»»»»»» Tof no'. • l4iL/' DEPARTMENT O , .`L IN ' . 11T1 SUSTAINABILITY r t1$1 E BfF ,o'jxr, .Strfet,,' l thara, j ;`Yt pk 14,850 Edward C. Marx, AICP Telephone (607) 274-5560 Commissioner of Planning and Sustainability I June 8, 2017 Mr. David Sprout, Code Enforcement and Zoning Officer Town of Dryden 93 E. Main Street Dryden, NY 13053 Re: Review Pursuant to §239 I, -m and —n of the New York State General Municipal Law Action: Area Variance for proposed carport at 542 Main Street, Town of Dryden Tag Parcel #45.- 3-6, Conservation Zoning District, James Graney and Heldi•Lieb-Graney, Owners/Appellants. Dear Mr. Sprout; This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Department pursuant to §239 —1, -m and n of the New York State General Municipal Law. The Department has reviewed the proposal, as submitted, and has determined that it has no nogafive inter -community, or copnty-wide impacts. Please inform us of your decision so that we can make it a part of the record. Sincerely, Edward C. Marx, A1CP Commissioner of Planning and'Sustainability 1 . 1 Inclusion tfirough (Diversity Fearn: we will close the public part of the hearing and as a board will answer the S questions. Motion made by: Fearn to close at 7:18 PM Second: Slater- Yes All in favor - Yes 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: There appears to be no negative impact on the neighborhood as the neighbors are in support of this project and in absence of any negative comment, and would be consistent to other structures in the neighborhood. Motion made by: Fearn - Yes Second: Curtis- Yes All in favor - Yes 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: Yes but the benefit of other choices would be a disproportional burden on applicant. And doing so will improve the appearance on the property. Motion made by: Curtis - Yes Second: Ward- Yes All in favor - Yes C. IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: Yes its substantial at 9 feet but the benefits and obstacles described in"A & B" above outweigh any necessity to place the carport in strict conformance with the ordinance. Motion made by: Fearn- Yes Second: Slater - Yes All in favor - Yes 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 physical or environmental impact it would be a positive impact. Motion made by: Fearn - Yes Second: Curtis- Yes All in favor - Yes E. IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF-CREATED. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: Yes , but the conditions of the property precludes any options. Motion made by: Fearn- Yes Second: Curtis- Yes All in favor - Yes FEARN: this area variance is SEOR exempt tvpe II action part 617,15c- 12 Motion made by: Curtis Second: Fearn- Yes All in favor - Yes FEARN: to accept the County Planning letter, 239 - l; m and -n of the new York State General Municipal, Law. the Department has reviewed. submitted. and determined that it has no neeative inter -community. or county -wide impacts. Motion made by: Fearn Second: Slater- Yes All in favor - Yes Grant variance Motion made by: Curtis to Grant Variance without conditions Second: Ward- Yes All in favor - Yes 7:28 pm - Congratulations you have your approval Fearn 7:29 pm reads the next hearing: PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Town of Dryden will conduct a Public Hearing to consider the application of Marie McRae for an area variance at 13 Ringwood Court. Ithaca to build an attached garage abutting the right-of-wav , where a 50' foot setback is required. Ms. McRae is reauestina 100% relief from the front yard, setback reauirement listed in Article VI. Section 600: Area and Bulk Table., SAID HEARING will be held on Tue. June 27. 2017 at 7:15 um 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. Fearn to Applicant do you have anything further to add: Bought house in 2008 with thought to retire too. Been making it more accessible to , so now I would like to add a garage, my house is very close to the lot line now, the place I'm requesting to place garage makes the most sense . Applicant shows the board her site plan of where things are on the property and where garage will go. They talk about the placement of garage and being 1- foot from line, applicant had Highway Superintendent come out (Rick Young) to see where garage will be and if he had any concerns. Rick sent the town an email saying he has no issues with garage. Being that garage will be so close to road, the measuring and actually building of garage needs to be measured. Fearn: states that we have one letter of support for the garage from a neighbor. Applicant says there is another neighbor in support and they were to send in a letter, "Tom ". ? LETTERS NEXT««««««««««« Fearn: we will close the public part of the hearing and as a board will answer the 5 questions. Motion made by: Fearn to close at 7:40 Second: Slater Yes All in favor - Yes Dave Sprout From: Dave Sprout Sent: Wednesday, June 14, 2017 5:59 AM To: Rick Young Subject: RE: Marie McRae Than.kyoul Frbm:-,,RlckN-oung,vN Sent: Tuesday, June 13, 2017 4:23 PM To: Dave Sprout <david@dryden.ny.us> Subject: Marie McRae Dav -7 e r -09 1%. to �lg, ftm§ tlp�,, dolr ora,my. From: Dave Sprout PPA 64i rim710@gmail.com; on behalf of; Rebecca [rim@bluefrog.com] Mon 6/26/2017 8:35 PM To the Board of Zoning Appeals regarding proposed garage at 13 Ringwood Court West Ilive next door to 13 Ringwood Ct W at 9 Ringwood Ct W - I have no objections to the proposed garage project. The proposed project will not negatively impact the neighborhood and I can foresee no issues with the garage location since there is already a shed in essentially the same location. I believe that you should approve the request for variance for this project. Rebecca Mosher 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: Adding garage will improve the appearance of the property and nearly every property in the area is out of conformance in some way or another. What they are requesting is in consistence with the character of the neighborhood. Motion made by: Ward- Yes Second: Slater- Yes All in favor - Yes 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: Yes but doing so would be more difficult and an inconvenience for applicant. The cost to relocate far outweighs the gain. It would be vastly disproportional Motion made by: Fearn- Yes Second: Ward- Yes All in favor - Yes C. IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: Yes it is substantial - over the top! The applicant has taken into consideration to make sure it conforms to the lot line. The buildings on the property precedes zoning and has left the property owner no reasonable options Motion made by: Curtis- Yes Second: Fearn - Yes All in favor - Yes 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 physical change or environmental change. Minor structure replacing another minor structure the appearance will be better and the physical impact will be minimal. Also note that the Town Highway Superintendent (Rick Young) was consulted and he has no issues with the garage. Motion made by: Curtis - Yes Second: Slater - Yes All in favor - Yes E. IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF-CREATED. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: Yes self-created, but achieving result is beneficial and see "C" above. Motion made by: Curtis - Yes Second: Ward- Yes All in fnvor - Ypc Fearn: this area variance is SEOR exempt tvne II action Dart 617.5c-12 and not subiect to 2391 &, m review. Motion made by: Curtis Second: Fearn- Yes All in favor - Yes Motion made bv: Slater to Grant Variance based on finding above with 1- condition. That given that the garage is right on the edge of the road, that the applicant agree and put in writing to the Town that they will not hold the Town liable to the normal maintenance/wear and tear of the garage being so close to road, meaning flying rocks, or say snowplow denting garage etc... Second: Curtis- Yes All in favor - Yes Congratulations you have your variance Motion made by: Fearn to adjourn meeting 8:00 PM Second: Curtis- Yes All in favor - Yes Respectfully submitted, Joy Foster, Recording Secretary 6-30-17 jmf July 25, 2017 Re: BLD -Z-0065 - area variance 13 Ringwood Court West Parcel 65.-3-10 To Whom it may concern: Having been granted an area variance to build a garage at the above referenced property, and that variance being granted under the condition that I, as owner, will not hold the Town of Dryden liable for damage to the garage occurring from "normal [road] maintenance", such as snow plowing debris hitting the wall, I do hereby agree to this condition. V�\/N 11 Marie McRae 710 Irish Settlement Rd Freeville, NY 13068