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,
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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.
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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
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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.
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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.
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A. LaMotte moved the meeting be adjourned.
Carried.
Meeting adjourned at 10:30p
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D. Bordonaro seconded.