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HomeMy WebLinkAbout1993-08-02 - BZA it, TOWN OF ULYSSES ZONING BOARD OF APPEALS TOWN HALL AUGUST 2 , 1993 PRESENT ; Chairwoman ; Gail Zabawslcy ; Members ! Ken Christianson , Carl Mann , George Tselekis , James Hickey ; Zoning Officer : Alex Rachun ; Secretary ; Rosanne Smith ALSO PRESENT ; Frank Howe and future Mrs . Frank Howe . Ingrid Potenza . The Chairwoman called the hearing to order at 7 : 30 PM . She announced that fir . Howe ' s request would be heard first . Mr . Howe would like to build an addition to his home on 1237 Kraft Road . This had been denied under Article V , Section II of the Ulysses Zoning Ordinance in that the side yard right of way must be 15 feet . Mr . Howe explained to the members that he would like to add a family room to his house . He is getting married and needs the additional space . That specific location ( west side ) is the only place that it can be built . The survey is from December 10 , 1991 . The neighbors have received notification and there have been no objections _ Zoning Member George Tselekis made the motion as follows : WHEREAS : The variation is not substantial in relation to the requirements ; WHEREAS : There will not be an increase in population density ; or increased burden on available govern - ment facilities ; no substantial Change in the character of the neighborhood ; WHEREAS : There is no alternate way that this addition can be built to his house ; He proposed that the variance be granted . For seconded the motion . The Chairwoman called for a vote as follows : Mr . Tselekis - aye Mr . Christianson - aye Mr . Mann - aye Mrs . Zabaesky - aye The variance has been approved . Mr . Hickey arrived at 7 : 37 PM . 11 TOWN OF ULYSSES 2 ZONING BOARD OF APPEALS AUGUST 2 , 1993 The Chairwoman announced that the second hearing of the e vening was for Ingrid and David Potenza for the property located at 2057 Trumansburg Road . They are requesting another variance in addition to the one approved on October 6 . 1992 allowing them to establish an Inn in a Residential Zone _ This second request is to allow for the Country Inn to be used as office space . This w as denied by the Ulysses Zoning Ordinance in that office space is allowed in a Business District when the building is not occupied by the owner . ( Article IV , Sections 1 and 11 . ) Ingrid Potenra stated that she would like to keep the use variance granted in October but would like to make it broader ; giving them more flexibility in there ability to get financial backing . This w ould allow them to possibly rent out space to as much as t businesses and or retailers . She would Iike to see as occupants d octors5 lawyers , architects etc . her asked how many parking spots there would he . At this point Ingrid said she would like t o show them and brought out her diagrams . The entry has already been changed for safety purposes . There are no plans to raise t he road but some culverts may be changed . Carl asked if it w ould be helpful to change the Zoning from Residential to Business . Alex stated that the Board probably has the ability to do that . It could be a multi -use coaplek . It is clearly indicated that the developer wants to keep the option of the Country Inn open . They would like to target as many investors as possible . The hardship incurred is that this is a very unique property in the Town of Ulysses . It is a landmark and a house that does not lend itself to residential use due to the location _ The visibility and noise would make it more ideal and appropriate for Commercial . Jim questioned whether these would be mutually e xclusive uses . Ingrid stated she would like both to give her the flexibility with her backers . Carl asked which ever hacking comes first decides what it will, be ? Ingrid said yes . The floor plan will not be destroyed if professional offices or retail come in . The historic value wit / still be there . If in three years funding comes in for the Inn nothing will have been hurt . The electrical works plumbing and painting will still have to be done regardless . The planning and preparation have been in the works for over a year now . Jim stated that for business purposes he is not sure that it is the hest location . Ingrid said she prefers the Inn but it all is contingent on the investors . Is retail something that we could allow in a Residential Zone asked Gail ? Yes , if we provide a use variance responded Jim . You can clearly give a variance said Alex ; the question is on what grounds you establish it . The developers do not really know what the fate of this building is going to be other than the fact that it can not be used as a Residence said Jim . The use of the variance could be extended to incorporate . • ' TOWN OF ULYSSES ZONING BOARD OF APPEALS AUGUST 2 , 1993 any use that would otherwise be permitted in a Business or Commercial Zone ; this would allow her some flexibility said Jim . Carl suggested that F and G should be disallowed . ( Theater , gas station , bowling alley ; page 5 , Section III Business Districts . ) George asked if there would be sign limitations ? Carl said they would have to contend with as many as 4 signs . Carl asked if t hey were anticipating putting on any additions to the house? At one point Ingrid stated that they were considering building a g uest house to add more rooms and parking to cover up some of the existing neighbors but that would be way in the future . Carl stated that the variance may . not extend to additional buildings . Jim stated that he was prepared to make the following motion : As a preface to this motion he would like to incorporate the preface to the resolution of October 6 , 1992 ; which states t hat the building is not suitable to residential due in part to its large size . The area is partially developed commercially . It is close to a car dealership and grocery store . This action would preserve the historical and functional value of the building . WHEREAS : It has been found by the Board that the land can not yield a reasonable return if used only for a purpose permitted in the district for which it is located ; W HEREAS : The plight of the owner is due to unique circumstances and not to the general conditions and the vicinity of the property ; W HEREAS : The Board further finds that the previously granted resolution does not give enough flexibility ; Be it resolved : The Board grant a use variance to permit any use that would be permitted in the Business district as set forth in the Zoning O rdinance of April 8 , 1978 with the exception of that contained in Section III , paragraph f and g . This is specifically conditioned on the continued existence of the building . Ken seconded the motion . ; TOWN OF ULYSSES 4 ZONING BOARD OF APPEALS AUGUST 2 , 1993 The Chairwoman called for the vote as follows : Mr . Christianson - aye Mr . Mann - aye Mr . Tselekis - aye Mr . Hickey - aye Mrs . Zabawsky - aye The application for the variance has been approved . Carl Mann made the motion for adjournment . George seconded the motion . All were in favor , the motion passed unanimously . The hearing adjourned at 8 : 00 PM .