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HomeMy WebLinkAbout1984-08-14 i � \ TOWN OF GROTON ZONING BOARD OF APPEALS 11 Public Hearing , Wednesday , August 14 , 1985 Application of JOHN and DONNA POWELL , 125 Peruville Road , Town of Groton for a variance of the Zoning Ordinance of the Town of Groton in regard to set back from right-of-way . BOARD ( *present ) OTHERS PRESENT Janet Bell , Chairman Gary Wood , Zoning Enforcement *Lyle Raymond Officer *Mary Decker George Totman , Planning Board *David Ofner Chairman Nial Smith Margaret Tyler James E . Patterson L . Raymond , Acting Chairman , opened the Public Hearing at 8 : 05 p . m . with the reading of the attached Public Notice , RAYMOND : This Hearing is to gather information concerning the request of John and Donna Powell . Does anybody have anything to say in favor or any objections? TYLER : I am interested . They are doing a good job of fixing up the old house and I would like them to have the variance . PATTERSON : Just what is the variance ? I think I know but I would like to know what you have . what RAYMOND : According to the Town Zoning Ordinance/they are asking to do does not meet the present standards . They have to come to us and ask for an exception to the law , which we have to grant . TYLER : The way it is they can ' t get it back because of the right of way? RAYMOND : The house itself is too close to the road , it is non-conforming . A new house could not be built that close to the road . The porch is an extension of that non-conforming use . PATTERSON : That is the idea I had . I have nothing against it because you find half of the houses in Peruville are closer to the road than that . They have done a good job . OFNER : Do both of you live in Peruville ? TYLER : I don ' t live within sight of the house but I go by it every day . r ZONING BOARD OF APPEALS PUBLIC HEARING -2- August 14 , 1985 PATTERSON : I live less than a tenth of a mile , she lives about three-eighths of a mile away . There is only one building between me and this house . OFNER : The Board has some power , according to the Ordinance , to vary and modify the code so that the intent of the Code is observed . Some of the things we look at according to the Ordinance are , how substantial is the variation and what effect on the neighbor- hood . Does it make a substantial change to the neighborhood or is it detrimental to the property . PATTERSON : It certainly is an improvement . It ' s a substantial change for the better . OFNER : Do either of you know how Mr . Powell intends to finish the porch , is it going to be open with a roof? RAYMOND : We have his plans here . DECKER : It looks like it is going to be open . OFNER : I think it would be well for the people in the audience to know that the Code Enforcement Officer does not have the power to make variation in development . He is not mad. at the people . He has a responsibility to accept the plan according to the Ordinance . This is a non-conforming facility , meaning it was there before the Ordinance was established . The Ordinance says that non- conforming dimensions cannot be enlarged or expanded . So , if he considers it an expanding dimension , he has no choice but say they have to go to the ZBA . Which has the responsibility to interpret the fine details that he had no power to do . I ask what the porch will be like because I found a section in the Ordinance today that refers to roofed porches with open ends . What is a building ; a porch with open ends may not be part of a building . Section 319 , RAYMOND : It says ' open at the sides but roofed , not considered part of the building ' . WOOD : That is somthing different . That is where you ' re talking about lot coverage and size of building . In the other section is listed what requires a building permits anything over 100 square feet then it goes on to exclude some things . ,y ZONING BOARD OF APPEALS PUBLIC HEARING -3 - August 14 , 1985 OFNER : This is just for running percentage of open space ? It is out of context then? We are not talking about coveraged space but expanding a non- conforming use ; Section 351 . 21 , 30 feet from front center line ? WOOD : Normally 55 feet from center line of the public highway . He has 46 feet . Let me read the Section we require . ' Any facility mobile home , swimming pool or other structure of over 100 square feet required a building permit ; excluding temporary structures , temporary signs and unenclosed decks . OFNER : We ' re back to the amount of substantial non- conformacy and the effect on the neighborhood . RAYMOND : We had statements from the people here on the effect of the neighborhood . It seems to be positive . The only question remaining is the extent of non-conforming use . DECKER : It is no more closer than it was in the beginning . OFNER : We would have to consider the fact the Ordinance does not say whether it comes closer to the road , it says ' cannot be expanded ' and also gives us the opportunity to look at how substantial the variation . RAYMOND : In terms of floor space ? OFNER : The Ordinance just says it cannot be expaned without a variance but also this is only 7 = feet . RAYMOND : It is not the floor space that is non-conforming , it is the extension of this front line . The house is 25 feet ; they want to extend it about a third more . OFNER : We should give you , Gary , an opportunity to give us some of your views . WOOD : I have nothing to ad that has not already been said . OFNER : Do you know something that might damage the neighborhood? WOOD : No , what I could add has already been placed on the record . L . Raymond , Acting Chairman , closed the Public Hearing at 8 : 26 p . m . I , MARGARET A . PALMER , DO CERTIFY that at the Public Hearing held by the Zoning Board of Appeals , Town of Groton in the matter of a variance request by JOHN and DONNA POWELL of 125 Peruville Rd . , did take the minutes of said Hearing and the foregoing is a true and exact copy of said Hearing to the best of my ability . TOWN OF GROTON ZONING BOARD OF APPEALS WHEREAS , a request for a variance of Section 353 . 1 . 0 of the Town of Groton Land Use and Development Code was filed on June 28 , 1985 , and WHEREAS , said application requests a variance to permit an expansion of a non- conforming facility on property owned by JOHN and DONNA POWELL on 125 Peruville Rd . , Town of Groton , being Tax Map Parcel 36- 1 -59 , by extending the non-conforming facility seven feet by the addition of an open porch . WHEREAS , the majority of the members of the Board present viewed the property , and WHEREAS , after due notice a public hearing was held by the Zoning Board of Appeals at 8100 p . m . on August 14 , 1985 to consider the application , and WHEREAS , at said hearing all those who desired to be heard were heard and their testimony recorded , and WHEREAS , all testimony has been carefully considered and the following facts noted : 1 . It is a non-conforming facility due to the front yard set back being 46 feet from the center line of the public highway ; 2 . No recorded objections from the immediate neighborhood were received ; 3 . The substantial variation to the existing non-conforming facility is minor . 4 . There is little effect on population density , intensity of development or generation of traffic on existing public highway ; i 5 . This extension has no negative effect on the character of the adjoining properties ; ; 6 . There is no alternative way to add the proch without extending the non-conforming facility . NOW , THEREFORE , be it resolved that the application of John and Donna Powell for a variance of Section 353 . 1 . 0 by extending a non- conforming facility , in view of the manner in which the practical difficulty arose and considering all of the above factors , the interest of justice will be served by , GRANTING the variance upon the following condition : \ 1 . That applicant pp pays the sum- of $ 10 . 06 in U . S . Currency for the publication fee for the public hearing . The foregoing Resolution was submitted by : David Ofner seconded by : Mary Decker unanimously adopted by the Board on August 14 , 1985 . . f4^% ERECTED The Town Boardo % ' Town of Groton � , 181T o 101 Conger Boulevard Groton , N . Y . 13073 LEGAL NOTICE TOWN OF GROTON PLEASE TAKE NOTICE that the Zoning Board of Appeals , Town of Groton , County of Tompkins , State of New York , will hold a public hearing at the Town Hall , 101 Conger Boulevard , Groton , New York , on Wednesday , August 14 , 1985 , at 8 : 00 P . M . for the purpose of considering the appli - cation of John and Donna Powell of 125 Old Peruville Road for a variance of the Zoning Ordinance of the Town of Groton in regard to set back from right-of- way . All persons interested will be heard . Janet Bell , Chairman Board of Appeals by Lyle Raymond , Acting Chairman Dated : July 29 , 1985 zt39 _ �.T �dl�u. �fi�P��..,�q P / / 8s G � -Rf�,� '� ���`� _J _ _ _ _ _ _ _ _ _ _ _