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HomeMy WebLinkAbout1993-06-07 - BZA p. TOWN OF ULYSSES ZONING BOARD OF APPEALS JUNE 7 , 1993 PRESENT : Chairwoman Gail Zabawsky ; Board Members George Tselekis , Carl Mann , Ken Christianson and James H ickey Jr . ( absent from first hearing ) : Zoning O fficer Alex Rachun ; Secretary Roxanne Smith . OTHERS PRESENT : Lorren Hammond , Adam Tsapis , J . Tsapis , Peter McChesney , Barbara McChesney , Laura Holmberg , Mr . and Mrs . Roger Buell , Bruce Kim McPherson , Patrick Shehu . Chairwoman Gail Zabawsky called the meeting to order at 7 : 30 PM . The first hearing of the evening was for Lorren Hammond of 3159 Van Dorn Corners Rd . , Ithaca , NY . He applied for a permit to enlarge and build an addition to a house . It was denied because there is no building or structure shall be erected on a lot of less than one acre and frontage of less than 200 feet . Mr . Hammond explained that the piece of property is one acre w ith frontage of 100 feet . He will work in two separate stages due to financial restrictions . His proposal is to tear down the e xisting roof , put a second floor on and build a steeper roof . The total width of the building will be 51 feet when completed and will sit almost exactly on the center of the lot . All of the lots are existing non -conforming lots . No neighbors were in attendance . George stated that : G iven that the addition was not substantial , there will be no change in the character of the neighborhood , no addition to the population and no adenyl burden to available g overnment facilities : he would make the motion for the variance to be granted . Carl seconded the motion . Chairwoman Zabawsky called for a vote as follows : Mr . Mann -aye Mr . Tselekis - aye Mr . Christianson - aye Ms . Zabawsky - aye The second hearing of the evening began at 7 : 40 PM and was for Adam Tsapis of 1113 W . Shore Dr . , Ithaca , NY . ( Board Member James Hickey Jr . had arrived . ) The purpose of the permit application was to convert an accessory building into living space . They were denied because no building or structure shall be erected on a lot purchased on or before August 17 , 1977 with a frontage of less than 150 feet . ( Article V , Section I of the TOWN OF ULYSSES 2 ZONING BOARD OF APPEALS J UNE 7 , 1993 U lysses Zoning Ordinance . ) The Chairwoman then read a letter ✓ eceived by Alex from Martin and Marianne Harwit who are one lot removed from the Tsapis property requesting that the issuance of a permit be denied . They stated that to convert further spaces into potential rental units would destroy the present character and composition of the neighborhood and would threaten property values . The Chairwoman then noted that the cottage on Laura Holmberg ' s survey map ( neighbor ) overhangs the property line by a slight margin . Adam Tsapis then stated that he would like to put some plumbing and a kitchen in , move some walls around ( internally ) and make no changes externally to the already e xisting structure . On the south , west and% east side there are w indows . The general layout of the structure conveyed to Mr . Tsapis that at one time his father was going to create a living space . There are electrical outlets throughout , it is insulated on both floors . No septic exists currently , but the Health Department will be looking at it . Pete McChesney then addressed the Board stating that he owned the property north of Adam Tsapis . Although their relationship is amicable he is concerned with the future ramifications should the variance be allowed . They share a d riveway , so additional traffic could have an impact on them . He believes the neighborhood ' s characteristics could be significantly altered if more renters were allowed . He believes h is property ' s value could also be lessened . Laura Holmberg ( neighbor on the south ) said that the lot is just one half of what is required . She is concerned with the septic , with the three units on such a small lot . The structures are all very close to her property line so • the problem of noise could be very real . Originally she recollects a carport where the building is now . After the carport burned down then this building was erected . Mr . Tsapis said that one room in his mother ' s home is rented out , but it has never been deemed an individual rental unit . Roger Buell owns the property two lots north of Mr . Tsapis . He is concerned with the feasibility of putting in a sewer ( due to the geography ) . He is in agreement with the Article . Mrs . Tsapis stated that the Harwits ( who reside • in Washington , DC ) do rent their property and that two houses south o f them is a one family rental unit as well . Carl questioned the status of the sewer with the Health D epartment . Mr . Tsapis said that they require a professionally installed sand filter as opposed to a leach bed ( an improvement o ver what exists currently ) . It will be between the main road and ZONING BOARD OF APPEALS 3 JUNE 7 , 1993 the shed . It will be pumped up . The Health Department has not issued a permit yet . L aura Holmberg stated the structure ( carport ) was there when she purchased the property in 1959 . Jim requested that the Board reserve judgement , contrary to the usual routine . The most legitimate concern would be the septic . If the Board of Health denies them than the whole situation is moot . George felt that the building overhanging on another ' s property could he an issue . That would be an issue of you take the property as you find it ,. when they bought it 34 years ago it was there stated Jim . Alex requested that the Board not only consider the septic issue but also consider whether the building is within the 5 feet framework of the property setback an there may be a building code violation . The building could be re-defined and built on the property line , nothing is allowed over the property line . h ad requested that the meeting be continued at a later date after the health inspector has had an opportunity to check into it . It was decided that this hearing would continue at 7 : 30 PM an June 72 , 1993 ( Tuesday ) . At this point Mrs . Buell stated that they purchased the property north of them to avoid someone eventually renting it ( though it meant they had to carry two mortgages ) . They had had a bad situation earlier with some neighbors renting _ L aura Holmberg stated that the Harwits be . live in Washington . ( He left Cornell 2 years ago to be the director of 111 the space museum . ) Their daughter used in their home here last year _ They ' ll be returning in a few weeks to live here for the summer . A friend will be staying in the home in the fall . She doesn ' t know if they ' re renting it or not to this person _ The third hearing of the evening began at Pelt PM . Mr . Bruce Kim McPherson of 15 Random Woods Rd . , Pittsford , MY had been denied a permit under Article T , Section I to build an addition . No building structure shall be erected on a lot less area than one acre and frontage less than 200 feet _ Mr . McPherson stated that a new porch ( 8 X Tb feet ) will be erected ( same as before ) and that they would like to extend the kitchen north 5 feet 4 inches X 9 feet . He then submitted a letter from a neighbor from the north . Ann h . Martin has no objections to form the north . Ann K . Martin has no objections to the changes so TOWN OF ULYSSES 4 ZONING BOARD OF APPEALS JUNE 7 , 1993 being requested . The tradition of the Greek Revival will be maintained by putting a roof on it instead of leaving the porch as a deck Mr . McPherson stated . As a preface to the motion Jim noted that this was lake front property . Typically lake front property is irregular . Regardless of the variation the alteration of the status quo is relatively minimal . He proposed the resolution as follows : WHEREAS : It was not substantial as it pertains to the status quo , there is no difference with regard to entire requirement vis a vis the current situation ; WHEREAS : There will be no increased population , no change in the character to the neighborhood , no detriment to the adjoining property . He moved that the motion be granted . The motion was seconded by Ken Christianson . Chairwoman Zabawsky called for a vote as follows : Mr . Christianson - aye Mr . Mann - aye Mr . Tselekis - aye Mr . Hickey - aye Ms . Zabawsky - aye The fourth and final hearing of the evening began at 8 : 15 PM . Patrick Shehu of 1902 Trumansburg Rd . requested a permit for the purpose of adding living space to an existing dwelling . This was denied by the Zoning Officer under Article V , Section I of the Ulysses Zoning Ordinance in that no building or structure shall be erected on a lot of less area than one acre and frontage of less than 200 feet . Mr . Shehu stated that currently the existing structure is 100 feet from the road . He would like to add a living space of 12 X 12 . The general property is non - conforming . The lot is 3 / 4 of an acre . Jim made the following resolution : The proposed addition does not render any impact . WHEREAS : The variation is not substantial in relation to the requirement in that it doesn ' t change anything ZONING BOARD OF APPEALS 5 JUNE 7 , 1993 ✓ is a vis the status quo in regard to the requirement ; WHEREAS : There will be no increase population density , n o impact on governmental facilities , no change in the character of the neighborhood and no substantial detriment to the adjoining properties ; WHEREAS : Applicants ' project can not be accomplished in any o ther method than the variance ; WHEREAS : It appears that the interest of justice would be served by granting the variance ; BE IT RESOLVED : Jim moved that the Board grant this variance . The motion was seconded by Carl . Chairwoman Zabawsky called for a vote as follows : Mr . Christianson - aye Mr . Mann - aye Mr . Tselekis - aye Mr . Hickey - aye Carl made the motion to adjourn to Tuesday June 22 , 1993 at 7 : 30 PM . Jim seconded . All were in favor . The meeting adjourned at 8 : 30 PM .