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HomeMy WebLinkAbout1996-07-08 - BZA TOWN OF ULYSSES BOARD OF ZONING APPEALS' July 8 , 1996 Board Members Present : James Hickey, George Tselekis, Kenneth Christensen, Carl Mann Also Present Zoning Officer : Alexander Rachun Public Present : Martin Shapiro Attorney at Law Willis Hilker Jean Snyder • Leo Loma Carla Pelke George Tselekis brought the meeting to order at 7 : 30 pm. Item # 1 : Mr. Willis S . Hilker requests an area variance of Article V Section 2 for the property on Rabbit Run Rd . Trumansburg, New York 14886 Tax Map # 12-3 -21 . 2 His desire is to erect a rental storage building ( 16) feet from the rear property line. Mr.Hilker presented the board members with maps and pictures showing his property and stated that he is asking for the variance to erect a second rental unit in addition to the existing one . He went on to explain that his lot is quite narrow and this creates a problem with the present zoning. Hilker went on to explain that his present unit is full with a waiting list and that most of his clients are from the Trumansburg area. He demonstrated that his building will infringe by 9 feet on the rear building setback zone and at the rear of the building there is a 30 ' bank and the new structure would cause no infringement of sight or sound to anyone near by. James Hickey asked for the location of the additional building relative to the existing building. Mr. Hilker demonstrated the location on the maps provided and stated that the buildings would be attached . George Tselekis stated that he has examined the site and that the space behind is empty wild space and behind which is Little Venice Pizzeria. He does not foresee a problem with sight or noise from the rear of the building . George Tselekis asked if there were any questions from the public present'? Ms. Jean Snyder and Mr. Leo Loma introduced themselves . Ms . Snyder stated that her mother Ms. Blake lives across the St . from the site and she is representing her concerns . She asked inquired why Mr. Hilker is putting in a septic system as she understood it on the plan that she received. Mr. Hilker explained that the septic system shown is an existing system which he plans on destroying as well as a an old well which is contaminated with salt . Ms . Snyder stated that this was her only concern in the matter. George Tselekis asked if there were any other question from public present or members of the board. ( 1 ) • r TOWN OF ULYSSES BOARD OF ZONING APPEALS July 8 , 1996 The Board discussed the appeal and agreed that the variance would not conflict with any of the following 5 points from Article II Section 6 of the zoning ordinance . 1 . How substantial the variation is in relation to the requirement . 2 .The effect, if the variance is allowed on the increased population density thus produced on available governmental facilities (fire, water, refuse disposal, and the like) • 3 . Whether a substantial change will be produced in the character of the neighborhood or a substantial detriment to adjoining properties created. 4 . Whether the difficulty can be obviated by some method feasible for the applicant to pursue , other than a variance . 5 . Whether in view of the manner in which the difficulty arose and considering all of the above factors the interest of justice will be served by allowing the variance. James Hickey moved that the Board grant the variance Ken Christensen seconded the motion. The Board resolved to grant the variance. The Board voted. James Hickey Aye George Tselekis Aye Carl Mann Aye Ken Christensen Aye Adopted Item #2 George Tselekis stated that the second order of business was a request by Eurobrid Inc. at 1609 Trumansburg Rd. , Trumansburg N.Y. Tax Map # 33 - 1 - 8 . 1 ,& 33 - 1 - 8 . 2 parts thereof for a variance under Article IV Section 7 of the zoning ordinance . For the purpose of allowing a business to operate in a residential zone. They are asking to alter a use variance previously granted. (2) S TOWN OF ULYSSES BOARD OF ZONING APPEALS July 8 , 1996 Mr.Martin Shapiro introduced himself as the attorney at law for Mr.John Novarr. He noted that at the last meeting he requested that all of the parcel in question be included in the variance granted and that the board decked his request. Part of his request at this time is that same the same variance that was granted at the previous meeting for the 5 acres on the Southerly portion of Parcel B be extended to the Northerly portion of parcel B with the condition that no additional improvements be made without the approval of the board. The second request is for the same type variance on the parcel designated parcel C which is 3 acres as outlined on the map presented, with the additional condition that there will be no improvements made without approval of the board. He explained that the title problem discussed before is his reason for this request . Ken Christensen asked what the present zoning was on the property ? Alex Rachun answered that it is zoned residential with an agricultural exemption. Mr. Shapiro then explained that the second parcel was created from 3 acres out of parcel A for zoning purposes and they will be looking for a subdivision approval later in the year. Alex Rachun then asked if Mr. Novarr has purchased parcel C ? Mr. Shapiro answered that they have closed on parcel B and Mr. Novarr is the contract vendee on Parcel C. Alex Rachun then stated that then in fact if the variance were granted to the legal owner of the property at this time it would be granted to Eurobrid. Martin Shapiro answered that Eurobrid is the recorder title owner to property of parcel C . , and John Novarr is the contract vendee and by contract the operator of the parcel. Alex Rachun then stated that he is concerned that the board grant a variance without the consent or presence of the owner. James Hickey stated that at the last meeting they discussed Mr. Shapiros proposal at that time to expand the variance granted on May 13 to the contours that he requested at that meeting and decided that it would be better to start from scratch. There was no discussion of any variance on parcel C. It was then decided to discuss and make decisions on parcel B and C separately. Carla Pelke then introduced herself as the owner of Sleeping Bear Futons across Rte . 96 from the property in question. Ms.Pelke had some questions about the location and size of parcels B and C. The board then went over the map and explained to her in detail the requests and results of the previous meetings. There was then a lengthy discussion concerning the previous meetings and the parcels discussed also the variance that was granted. George Tselekis Asked if the original variance granted for the hatchery was for woodworking only? James Hickey answered yes. He stated that they granted a. variance to a 5 acre parcel Mr. Shapiro wanted, on the behalf of his client to expand it to the 7 . 2 acre parcel The board decided that he would have to go through the proper steps necessary for them to make that decision. James Hickey suggested that the board decide on this issue, before further discussing parcel C . (3) TOWN OF ULYSSES WARD OF ZONING APPEALS July $ , 1996 Ms.Pelke asked several questions concerning the use variance granted and the board answered them at length. . The board discussed the variance and agreed on the following 4 points. I . That whereas this board has previously found that this land cannot yield a reasonable return if used only for the purpose permitted in the district specified agricultural. • 2 .Whereas this board has previously found that the owners plight was due to unique circumstances and not the general conditions in the vicinity of the property. 3 .Whereas the board has previously determined that the request will not alter the essential character of the neighborhood. . 4 . Whereas it has been presented that the interest of the owner and perhaps everyone involved will be better served in terms of efficiencies and potential title considerations if the variance applies to the entire 7 .2 parcel 2 as opposed to an arbitrary 5 acres . James Hickey moved that the Board grant the use variance and that it extend to the 7 .2 acres parcel identified as parcel B on the map to this board. Ken Christensen seconded the motion. The Board voted. James Hickey Aye Ken Christensen Aye Carl Mann Aye George Tselekis Aye Adopted George Tselekis noted that the board should move on to parcel C. Mr. Shapiro stated that he would suspect that the quonset hut would be used as light industrial or storage . He stated that the only change from the May 13 meeting on this requests that instead of 10 aces on parcel C it is now 3 acres. He pointed out that this is the only portion of this parcel that John Novarr has under contract, and he or someone else may be purchasing in the future after the approved subdivision, a stipulation which is in the contract itself. James Hickey stated that he sees two problems with this request. The first being that there is no representative of the owner before the board. The second being that the property is as yet not subdivided. There was then a lengthy discussion on the zoning law and the requirements of a subdivision. Alex Rachun stated that he has two concerns first that if the board were to issue a variance he (4) • 1c6 TOWN OF ULYSSES BOARD OF ZONING APPEALS July 8 , 1996 feels that they should have something in writing from Eurobrid.The second being the new part of the request is to change the use of the quonset hut, this is the first request for a change. If it is still to be used for the millwork they would be within the realms of the seeker, but if it were any other light industry there may be a problem. Mr. Shapiro stated that he felt that the building would still be used for some operation of the millwork, be it storage or some other use. A discussion ensued concerning subdivision laws, thresholds and the Towns involvement as well • as the different districts and PUDS . Ms . Pelke asked if there would be any retail sales from the site. Mr. Shapiro answered no . Alex Rachun inquired that the only change that Mr. Shapiro is asking for is the use of the quonset building ? Mr. Shapiro answered that it may possibly be a change and that he is trying to plan for the future if this were to happen. There was a lengthy discussion about the expense that would be incurred to bring the quonset building up to state codes. James Hickey stated that he is not in favor of passing this use variance at this time. He feels that it is premature and that the owner of the property should be represented. Mr. Shapiro stated that if the board is so ill at ease with this request they could use the Quonset as storage and if the time comes then they could come back to the board and make a request. The board further discussed the options that they have to consider in this request.The board decided they should table the discussion until the August 12th. meeting, and that Mr. Shapiro should produce a letter from Eurobrid specifying the use of the building with approval from them. James Hickey moved that they table this application until the August 12th. meeting for the purpose having the applicant supply his application with the information requested. George Tselekis seconded The board voted. James Hickey Aye Ken Christensen Aye Carl Mann Aye George Tselekis Aye Adopted Alex Rachun noted that he received a call from Mr.Rollins and his concern was about the use of the building being an extension of the millwork or light industry. The meeting was adjourned at 9 :00 pm. Respectfully submitted, Julie Kraus (5) I