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HomeMy WebLinkAbout1998-08-10-BZA DRAFT 1 Town of Ulysses Board of Zoning Appeals August 10 , 1998 Present: Chair George Tselekis, Jim Hickey, Carl Maim, Russ Carpenter, Building Inspector Alex Rachun, Brenda Rudan, Robert and Sue Cardwell, Claire Futrell, Clover Drinkwater. Recording minutes : Deb Austic George called the meeting to order at 7 : 35 p . m. The Board reviewed the variance application. from Brenda and Michael Rudan for an addition to their house at 1191 Taughannock Blvd. The lot did not have the required 1 acre or 200 ft. of frontage. Brenda Rudan described the addition and explained it would be 7 ' to the side line and 6 %2 ' from the back property boundary. Adjoining property owners, the Cardwells described their concerns about the crowded. character of the area and the loss of privacy and property value. Mr. Cardwell explained theRudan' s had a shed 4 ''/2 ' from the Cardwell house . Rudan explained the relative positions of the shed and addition. She said the shed was attached to the present house and had been constructed from an old stairway . Rudan explained the addition had already been framed and enclosed. Clover Drinkwater explained her concerns as being about the general character of the area, which is currently seasonal and the safety of nearby properties. Drinkwater raised questions regarding the procedure of the variance application. Alex explained a stop-work order had been issued, but no citations . If a variance was issued, the Rudan' s could continue after submitting engineer or architect plans . Alex explained in what instances a building permit was required and confirmed that the work would be inspected . The Board looked at photos of the property and shed . Alex said he was unawareof the shed but if it was attached to the house it was considered an addition and was also in. violation . Alex stated the Rudans could either take down the shed or apply for another variance . Claire Futrell explained her concerns as regarding that any work be done properly and legally. Futrell also suggested the shed impinged on the Cardwell property quite a bit. Alex confirmed that the addition met the side yard requirements for lake property . Alex explained the general policy of issuing stop-work orders and citations . Jim suggested there was no perfect solutions and the problems would exist with or without the addition. Jim stated he was inclined to balance in favor of the applicant. Jim suggested the application needed to be evaluated as from the beginning even though the Rudan ' s began construction without a permit or variance . Carl stated that even though the Board tended to grant this kind of variance he had strong concerns that the addition was started without a variance and felt the wrong message would be sent to grant a variance in such an instance . Jim stated that granting the variance would not reflect a policy statement from the Board and that each case would be reviewed for its merits as ignorance of the law is no excuse. Jim noted that the Board recognized that lake property rarely met the legal size and frontage requirements . Jim made a motion that whereas the variation was not substantial in the context of lake property, and whereas there would be no increase in population or impact on governmental facilities, and whereas there would not be a substantial change in the character of the neighborhood or detriment to adjoining properties, and whereas there does not appear on the record any method to obviate the problem, whereas the manner in which the difficulty arose makes it such the interests of justice argue for granting the variance . Jim noted that there was no expert testimony to back up the property value concern. Russ seconded the motion. Carl read for the record the final issue in the zoning ordinance the Board considered that states "whether in view of the manner in which the difficulty arose and in consideration of all the above factors , the interests of justice will be served by allowing the variance . " The Board voted . Jim — AYE Russ — AYE George — AYE Carl — NAY The resolution passed and variance was granted . The Board reviewed the minutes from 5/ 11 /98 . Carl made a motion to approve the minutes, seconded by Jim and passed unanimously . Carl made a motion to adjourn, seconded by Jim and passed unanimously . The Board adjourned at 8 : 20 p . m .