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HomeMy WebLinkAbout1999-05-10 - BZA q L-1 Ulysses Zoning Board of Appeals May 10, 1999 Present : Chair George Tselekis, Ken Christianson, Jim Hickey, Carl Mann, building inspector Alex Rachun, David Lucas, representative from Better Housing of Tompkins County, John DeVivo , George called the meeting to order at 7 : 36 p . m . The Board reviewed the application for a variance by Better Housing of Tompkins County to place an elder cottage on the property at 3388 Colegrove Road, tax map no . 26- 1 - 14 . 1 . The representative from Better Housing of Tompkins County explained that the cottage is a 24 ' x 28 ' mobile home placed on a temporary pressure treated foundation for the property owner' s mother. The cottage would be hooked into existing septic and a new well will be drilled. The cottage would be removed when the owner' s mother could no longer occupy the home . The Board reviewed the property maps. Alex confirmed that the building conforms in all ways except the 750 ' minimum for dwelling . Carl asked for clarification that the house would not remain for another tenant. The representative explained the lease process for elder cottages . Alex reported that Tom Reitz wrote a letter in support of the elder cottage. Jim made a motion that the variation was not substantial , there would be no increase in population density or impact of governmental facilities, no change in the neighborhood or detriment to adjacent properties, no other way to obviate the difficulty, and in the interest of justice the variance be granted. Carl seconded the motion. Alex suggested a notation that the variance was related to ECHO housing and not to be confused with single-wide mobile homes otherwise prohibited outside mobile home parks in the Town. Jim suggested a friendly amendment whereas the application was made pursuit to the Elder Cottage Housing Opportunities program and not single-wide mobile homes mentioned otherwise in the zoning . Carl seconded the motion and amendment. The Board voted. Carl — AYE Jim — AYE George — AYE Ken — abstained due to late arrival The motion passed and variance was granted . The Board moved to consider the application for special permit by Veronica and John DeVivo to establish a commercial greenhouse on property on the NW corner of Perry City Road and Route 96 (tax map no . 24-2 - 7) . Alex explained that although the commercial moratorium remained in effect, the use was an allowable use in a residential zone by special permit. Alex reported that the adjacent neighbor on Perry City Road spoke with Alex and expressed positive feelings about the nursery . John DeVivo reviewed his responses to the 3 questions suggested in the ordinance . DeVivo explained that the family planned to live on the property and would be open from April to October. The Board briefly discussed the relation of such a business to the upcoming zoning ordinance revisions . Jim made a motion whereas there is an apparent need by the closing of a similar business and demonstrated by inference in the apparent encouragement of such a use in the upcoming zoning ordinance, and whereas the use will contribute to the convenience and prosperity of the community as set forth in the attachments to the application, and it is clear that neighboring properties will not be adversely affected, noting that no one was present to object, that the special permit be granted as per the site plan submitted . Ken seconded the motion. The board voted . Ken — AYE Jim — AYE Carl — AYE George — AYE The resolution passed and special permit granted. The Board considered the application of Robert Malkovsky for a variance for neighbor to sell Yenei to sell a portion of her lot to the Malkovsky ' s . Malkovsky \CI(D explained he had been gardening the property for years, planted trees, and a shed was located partially on the lot. Alex noted that all neighbors were notified and no response. Alex noted that under article 5 , section 1 , the Yenei lot would not meet the requirements for frontage, area or 200 ' diameter circle . Malkovsky explained the property would not change, but he would like to keep the garden and have additional acreage in case he needed a septic . Malkovsky explained his lot was . 56 acres . Alex explained that Yenei couldn ' t use or sell her lot according to the ordinance without a variance . Jim made preamble noted that the lay of the land was such as to suspect that no building would be erected, no change in use or topography, but simply a change in ownership of a small piece . Jim made a motion that the variation was not substantial in view of the absence of construction, no increase in population, no change in the neighborhood, and there was no other method for obviation, and in the interests in justice be granted . Ken seconded the motion. The Board voted. Ken — AYE Carl — AYE Jim — AYE George — AYE The resolution passed and variance granted . The meeting adjourned at 8 : 10 p . m.