HomeMy WebLinkAbout1997-09-22 - BZA L
Board of Zonin g Appeals, 9/22/97 — DRAFT
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Town of Ulysses Board of Zoning Appeals — Public Hearing
September 22 , 1997
Present: Chair George Tselekis , Members Carl Mann and James Hickey, Jr. , Code
Enforcement Officer Alex. Rachun, and Secretary Debra Austic .
George called the meeting to order at 7 : 37 p . m . Alex announced he had called the
meeting to ask the Board for an interpretation of the definition of "higher education" as
f stated in the Zoning Ordinance, Article IV , Section 1 c . The request for an interpretation
was prompted by attempts by Linda Fazzary to seek a variance to open an art education
center in a residential zone on Route 89 . Ms . Fazzary ' s lawyer suggested in a letter to
Alex that a variance was unnecessary because the ordinance permits "institutions of
higher learning . "
Alex stated that he had searched through the records of other non-residential
establishments along Route 89 and found that all had applied for a variance except the
Cayuga Nature Center, presumably due to its educational intent . Jim suggested the
wording of the ordinance was purposefully broad to allow establishment of a range of
valid educational institutions . The Board brought up a kayak school that had temporarily
been run at on Route 89 .
Alex asked for a more specific interpretation of the term "higher learning" to be
usable to him when individuals apply for a variance . The Board felt is was important to
keep the ordinance broadly defined and that each application would need to be
considered on its individual merits .
Regarding the Fazzary art education center, the Board expressed concern
that it not include a commercial gallery, which is not allowable in a residential zone .
Members felt that a gallery displaying students work would be acceptable, but not a
facility that included artwork for sale as a permanent fixture . Jim felt strongly that
individuals applying to the building/zoning office should be forthright in their intent for
the facility .
Jim suggested a motion to direct Alex as the Code Enforcement Officer to inform
E Linda Fazzary that an art education center would be acceptable under the Zoning
Ordinance . Carl agreed with the motion and suggested an amendment to state clearly that
a commercial gallery would not be permissible . The Board agreed to include a portion of
the letter from Joseph Fazzary in the motion, which states ; " . . . it will be an educational
facility which caters to those seeking higher education in the field of art. There will be
lectures, discussions and presentations given by professional and exhibiting artists as well
as local college professors . Although there may be, from time to time, classes offered for
beginners , the primary emphasis will be on the instruction of intermediate and advanced
artists . Classes will be offered daily and the expected class size will range from 10 to 15
students per class . There will be a small gallery located on the premises where students
and instructors alike can display their various art works . "
Carl seconded the amended motion . The Board voted and the motion passed
unanimously .
Carl - Aye
George - Aye
Jim - Aye
Alex then asked the board for direction in responding to Ms . Fazzary if she were
to ask about the possibility of a special event art sale . The Board felt something akin to a
biannual art show and sale would be a valid function of an art education center. Alex was
directed to contact Linda Fazzary with the Board ' s interpretation . Jim made a motion to
adjourn, seconded by Carl, and passed unanimously . The hearing adjourned at 7 : 53 p . m .