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HomeMy WebLinkAbout1988-08-024 PRESENT. ABSENT ALSO PRESENT. TOWN OF DRYDEN Board of Zoning'I Appeal Tuesday, Augusti2, 1988 Dominic Bordonaro, Baker, presiding Francis DiTommaso Cheryl L'Amoreaux Ann Everett, I I Alan LaMotte, John J. Baker called the meeting to order at 7:40 pm. A public hearing to consider the application submitted by Richard Leonard to place a single -wide mobile home on property owned by him at 9 Kirk Road, Freeville, New York. This is in violation of Section 751 of Allowed Uses in the Town of Dryden Zoning Ordinances. a Chairman Baker reported that Mr. Leonard "could not be present but would be represented by Alice Sabrina Ferro. Practical Difficulties and /or Unnecessary Hardships: The property is located right next to Congers Trailer Park and Bernard Cornelius put a trailer on this property it wouldn't change the character of the neighborhood and it would get no high resale because of the park. I don't think the value of the others in the trailer park would increase in value and can't afford to put a double -wide on this property but someday I am planning to build a small house. An area map was presented to the Board. p A. Ferro pointed out the property is zoned for double wide trailers. There is 3 to 4 acres. Mr. Leonard is buying this property on land contract. There is a barn on this land 'which he uses for horseshoeing. He would like to put a single -wide on the property until he can finish a small house. Living elsewhere and commuting to this property would pose financial hardship. Mr. Leonard has been living in Conger Tailer Park next door for the past five years. Mr. Leonard does not currently own a single wide home, he will purchasejione and feels that it is all that he can afford. A double wide would financially be out of the question, if he could he would put the money into a small home. J. Baker - If there are no further questions or comments we will close the public hearing for Mr. Leonard. (8:15p) 2. PUBLIC HEARING - Dana & Phyllis Guest (Place a single -wide Mobile Home at 293 Mt. Pleasant Rd) A public hearing to consider the application submitted by Dana and Phyllis Guest to place a single -wide mobile home on property located at 293 Mt. Pleasant Road, Freeville, New York. This is in violation of Section 751 of Allowed Used in the Town of Dryden Zoning Ordinances. r, 4 I Page 2 Practical Difficulties and /or Unnecessary Hardships: We are presently renting a trailer which is in poor condition. We would like to purchase a trailer of good quality and home -like appearance. It would also be beneficial to put some money into a home of our own. The payments for a new trailer plus the renting of a lot are not within our budget. At the present time we cannot afford to purchase a conventional home nor the property to place a home. My father has property in which we would like to place a new trailer. This being at no charge allows us to build up our own savings for future home purchasing. I am a full time employee of the Duthie Cleaning Company and my wife will be attending Tompkins Cortland Community College full time this fall. Our intentions are to landscape the property with shrubs, trees, flowers, etc. We feel this can only be an asset to the appearance of the neighborhood, An area map was presented to the Board reflecting the approximate property size and are where the trailer would be placed. D. Guest reported that the trailer would be 121' from the side of the road. My father owns the land and is currently being mowed. The land is 200 square feet and is currently being used as grazing land. We can not afford a double wide trailer. J. Baker - If there are no further questions or comments, we will close the public hearing for Dana and Phyllis Guest. (8:30p) PUBLIC HEARING - Dr. Alan J. Nixon (residential structure off Woodlawn Road) A public hearing to consider the application submitted by Dr. Alan J. Nixon to erect a residential structure on tax map parcel 75 -1 -43.2 off Woodlawn Road, Ithaca, NY. requesting a variance to section 702.2 of the Town of Dryden Zoning Ordinance, Practical Difficulties and /or Unnecessary Hardships: Strict observance of the ordinance would require the construction of approximately 300 feet of new public road. The road would have to extend from the end of Woodlawn Road along the northern boundary of tax map parcel 75 -1 -43.80 front parcel up to be beginning of the existing driveway easement which then provides access to parcel 75- 1- 43.2I;<the back parcel). The road would have to end in an "L" or "T" configuration. The required 125" of frontage for the back parcel would then exist on the new road. Such strict observance of the ordinance wouldjcause economic injury to the occupant. The estimated cost of the road is $10- 12,000. This large investment would serve only one building'i,lot. The back parcel has only one area suitable for building a house. ;;The remainder being quite steep and even with a'300' new road only;30' of its frontage would be available for a driveway access thereby 'allowing one driveway from a road to the back parcel. Therefore this11$10- 12,000 investment would function as nothing more than part of anindividual lot's driveway which could have otherwise been built atja fraction of the cost. The new road would also have been an unnecessary economic burden to the Town which they would have to maintain for all- season use. Approximately 300' feet of road would then be used for',nothing more than a private driveway. Granting the requested variance will not adversely effect the community due to the limited access and predominately steep grade of the back parcel its only reasonable use appears to be for a single 'l i C Page 3 house. As such the parcel provides a very dramatic site indeed for a house and that would be much in keeping with the character of the neighborhood and would be well served byua private with continuous on- going accessability. Area maps were presented to the Board reflecting the land contour, property size, location and a proposed home site. A. Nixon - I have an easement across Margaret Thomas's property. The original easement was issued in May 1985,and is 30'wide. I will make a lane (extend Woodlawn) on my land to the , easement which would go back to my property. Several community residents expressed concerns with runoff, drainage and water contamination. A 45- signature petition was presented expressing the same concerns. It is noted that some residents constructed ditches around their property for protection from area run off. An area resident presented to the Board a subdivision map with a notation on the map written from the Town of Dryden Planning Board that Parcel Number 7 "Not for residential construction It is noted that Parcel Number 7 is the parcel in question that Mr. Nixon wishes to build on. 8 J. Baker - If there are not further questions or comments we will close the public hearing for Mr. Nixon. (9:30p) 4. Re- Opened Public Hearing - Richard Leonard Findings: 1. The applicant did not prove uniqueness or that there was any unique features to property that would make it impossible to earn a reasonable return without some adjustment. 2. The applicant did . not prove an inability to realize a reasonable return under any of the permitted uses already listed in the Zoning Ordinances, A. Everett moved that Mr. Richard Leonard of Congers Trailer Park be denied a variance to put his mobile home "on the lot at 9 Kirk Road. F. DeTomasso seconded. 4 Yes, 0 No. Carried. DECISION: Denied 5. Re- Opened Public Hearing - Dana and Phvllis Guest Findings: 1. It is a Use Variance and as such the; {applicant must prove that there is certain features and conditions of the land that would not with not granting this applicantion a justifiable hardship. Mr. Guest failed to prove any uniqueness;jto the property. 2. Mr. Guest failed to demonstrate an inability to realize a reasonable return under any of the uses permitted by this Zoning Ordinance. 3. It is noted ,that Mr. Guest was not the specific owner of this parcel of land. ► Page 4 D. Bordonaro moved that Mr. Guest be denied a variance to place a single -wide mobile home on property located at 293 Mt. Pleasant Road, Freeville, New York based on our findings. A. Everett seconded. 4 Yes, 0 No. DECISION: Denied 6. Re- Opened Public Hearing - Dr. Alan J. Nixon Findings: 1. Tremendous neighborhood opposition regarding run -off, drainage and potential well 'and septic problems. 2. The applicant failed to demonstrate an inability to realize a reasonable return under any of the uses permitted by the Zoning Ordinance. It is noted that the applicant does not currently own the property and therefore can not prove economic injury. 3. There was a question arose as to the "meaning of Note No. 2 on the final platt of Subdivision as approved by the Town of Dryden Planning Board, dated January 29, 1981. (Note No. 2 reads as follows: "Lot # 7 not for residential construction ". A. Everett moved that Dr. Alan Nixon of 17 Horizon Drive, Ithaca be denied the variance requested based on the above findings. J. Baker seconded. 4 Yes, 0 No. DECISION: Denied 7. Re- Opened Public Hearing - Helen Mandeville It is noted that an area variance has been requested. The Board individually visited this job site in questions. Findings: 14 The question of uniqueness was not proven. The applicant must prove that there is certain featuresl'and conditions of the land that make the land impossible to earn a reasonable return without some adjustment. The applicant failed to prove any uniqueness to the property. 2. The applicant failed to demonstrate an inability to realize a reasonable return under any of the uses already permitted by the Zoning Ordinances. Again, there must be a dollar and cents proof of the applicant's inability to real''ize a reasonable return. 3. The applicant failed to prove that the requested modification would not change the character or quality of the neighborhood. In fact, there was vigorous neighborhood opposition. A. Everett moved that Helen Mandeville be denied a variance to erect a garage at or about 56 Brooktondale Road,`Brooktondale based upon the above findings. D. Bordonaro seconded. !4 Yes, 0 No. Carried, DECISION: Denied 7. MINUTES OF PREVIOUS MEETINGS D. Bordonaro moved that the minutes of the previous meetings be approved as presented. A. LaMotte seconded. Carried. do i "Werr wr", A. LaMotte moved the meeting be adjourned. Carried. Meeting adjourned at 10:30p fR " ec 1 7i cll q Page 5 D. Bordonaro seconded.