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HomeMy WebLinkAbout1990-03-06TOWN OF DRYDEN ZONING 130ARD of APPEALS MARCH 6, 1990 0 MEMBERS PRESENT: .Jack Baker, Dominic Bordonaro, Francis DiTornmaso, Ann Everett, and Alan LaMotte. The Zone Board of Appeals Meeting on March 6, 1990 . was call to order by Chairman Jack Baker. Two cases were heard and are as follows: K 0 N is Zon Apt Yo ST re J. n s. !c . ANTI: ques g Or at Th 0 t d 0 P, N i ;i. r S KATZIROUMBAS of 24 Lake St., Dryden, New York ng a variance to section '7S.1., of the Dryden Town nance to erect three (3) six (6) Unit, Town House about 451 Main Street Ext., Frecvill,e, New site is at the :intersection of Kirk Road and Rt. 366, Main Street is xtension. This site is within an R.R. Zoning District which does not permit Mult:i..f.'ami.l.y Structures. He states apartment Agent factors I've at been the corner denied a, of permission Kirk is Road to and build Rt. a 366. Multi-Family It's in violation of section of 110.000, into 701 of an allowed mortgage But the of use $8,91.00 in an R13 zone. the rent Under pract fol..1ows of co 75 go In o u J.cal ter r, sts, X000. tie rat rtga.g able d a ti 1 e e G i.ffi_c lking e wou 0 dol betty paym o pay ulti.es with 1. Id be b Lars pl een 6$0 ent wou :i_nsura and u o c a. 1. u:i1.di US t11 .00 it ld be nce a. nt1eC re:l.a n a .`.1 e co nd 7 $63 nd p e, t s 0 r s s a ors one t o 0.0 .00 0 p e r a f f 0 d rt b .I, d 0 `r har 0 11 t Mil and oll 1.1. a, t, a d y a r x s s r r s e hips ellin home etltal s it m _T. s a Cr a, 0 W r r, :i. n 0 e as and renti.rtg the cost, of ncorne would th. Our ul.d be Costs Agent factors Mr, in a, duplex stated is similar. sell them, you don't Costs that of 110.000, into the mortgage But the of the house $8,91.00 be over isput $100,000.00 the rent in each area would doesn't be $1.000.00. of that cost, Add Our proposal would be to build over three the cost years, the three land six and unit we Town House Apartments. Would after only ten years generate a return on my investment. In response to Mr. DiTom investments, Mr. Ka.tziroumb property approximately two y show a profit from his inve vea.rs. QUESTIONS maso questions of ownership and as responded that he had acquired the ears ago. He would like to be able to stment of Land and. buildings after ten Ann Everett ;i.nqui.red how do investors who build on lots make money Agent for Mr, Katz_iroumbas stated Usually sell them, you don't that much into the house. But the cost of the house would be over isput $100,000.00 and that area doesn't warrant a house of that cost, Add the cost of the land and we 121 couldn't A. Everett home. sell, it for that. The land has been on the market for a. year. to built a. one for• it three bed room home with a. well and septic on ® Inquiry into the property on the f reevi_l.l.e side of this site revealed a home with two four— bedroom apartments and a mobile home. Locations of other structures on nearby lots were discussed. .family A. Everett home. questioned It was explained the cost the of cost $75,000.00 was to built a. one for• it three bed room home with a. well and septic on the land brings the cost well. above the $75,000. the as that was the land $30,000.00 feasibility ft building the statement is a. was four discussed. was be proper, acre made was not here, to get lot that 11, and cost the the as that was the land $30,000.00 feasibility had been for of for the purchased subdividing land -in with alone, and the and requested apartments in mind. However they didn't feel they could proof any of this. It was not an alloyed use at the time of purchase. who such has when the he ilr. adjacent purchases Ka'tziroumbas property, the indicated land which from houses him. he had apartments, tr1,1.lccd with of Mr. building Goldfarb Mr. D7_Tommaso questioned if it would be proper, as Mr. Goldfarb was not here, to get documentat:i_on indicating such as that was the only significant thing he had going for him -in his favor. Mr. Slater stated the month of play 1988 was when the multifamily units disappeared from the R.B. allow use zonin. AThe property was pur•cha.sed prior to that date. Robert Prote.r stated there's an older farm house there, and he has documentation that they also went through this process, and question whether that was the case pr:i.or to may '1988. Clint Cotteri. multiple dwelling than two acres of Town Board heard 11, s t s, wh prop that ated erc erty wh,'i what he in they were a they requi. ch was Jiff y l_ T e be referring to lowed, that if t ed a special per rent than a vari is that here was more mi.t and the ance. Tack Baker questioned that if this was it conforming use at one time and the acreage is such that it could work why is this here and not before the Town Board? Mr. Cotteri.11. stated that when the rezoning was done two years a.go multiple, dwel.l.:i.ngs w a.s one of the things that was removed from the R.B., R.B.1 Zone and is no longer an allowed use. That a hearing before this board was all that was required. The question the property to ®could QUESTION'S FROM THE FLOOR was asked about water, and/or sewer feasibility on sustain such building. Mr. Baker replied that they conceivably get a. vc-tr Health Department reg ® It was stated the property and while th obtained it permit bef 3 :lance and still be denied to build because of ulations. engineer from the Health Dept. ha.d been on the ere seems to be no problem there, they had not ore obtaining a. va.ri;tnce. A clarification was made that he was requesting to build three (3) six (6) unit apartments on the property and the change was made on the application. The question was asked if the property owner only need show financial needs in order to gain a variance or are there other considerations such as impact on the community. Mr. Baker stated you need reasonable return and how it affects tasked the character of the neighborhood. The concern on the res:i.denti.a.l neighborhood was questioned, granting there was an apartment on the other side oaf.' this property, the residential section this side of the Etna distract should be considered. The question if t. was needed was raised. Mr. Katziroumbas indicated _lie would build one maybe stop at two but was requesting a variance for three to present his future intention if they were warranted. The statement was made if' one was built and the return wa.s not there ti•;hy build two more. If we build O18 units over three years, we're going to start seeing a return on our investment in ten years. I; .f we only build one, you start, seeing a return in .fourteen and it half years and if we build two we start seeing a return in twelve and a half years. Mr. Slater stated that the board would need to talk with the Town Attorney to find out :i.f the ZBA would grant a three year variance. It is my understanding that a use variance expires if not used after one year. That wits also 4'11r. Bakers understanding too. Mr. Slater: It's p permit, but a construe period of one year, a make then the permit i with the date of orig:i, that first 360 days th the variance. There's instance for it set bac ossibl, tion p substa s val'i nal -is at bet; no qu k or s e i erm nti d f sue ome e s t ome f were talking about a. construction it must also be utilized within a al, start has to be made. If' that is or a period of three years, starting If no substa.ntia.h start is make s void. I'm not sure how that effects ion that a road .frontage variance for thing of that nature remains with the Alr,,n LaMotte tasked Henry what the terminally was that protects the variance where they make a. substantial investment, into it. Predicating this on IF for the sake of discussion, a variance for this project and if they build one unit. What about the sizeable investment into that project? Mr. Slater: It's p permit, but a construe period of one year, a make then the permit i with the date of orig:i, that first 360 days th the variance. There's instance for it set bac ossibl, tion p substa s val'i nal -is at bet; no qu k or s e i erm nti d f sue ome e s t ome f were talking about a. construction it must also be utilized within a al, start has to be made. If' that is or a period of three years, starting If no substa.ntia.h start is make s void. I'm not sure how that effects ion that a road .frontage variance for thing of that nature remains with the n U ti.t c, h a per the le of the proper nge over a perio mite I don't kn re relative to i ty and is fo d of time, P OW) but I th f you have t {4) rever. A use var aybe a substant,i. ink the attorney he power to gran iance, you know things a_l. start does keep the can make a comment t such a variance. Mr. LaMotte asked the property owner of the apartments next to the one in question if he owned or had. any interest, in any other apartments,, or property in the area. He stated he owned only the one. Mr. LaMotte asked :i_.f.' there was any family action for the refit of this available acreage? He stated none at all. They own those apartments and that's it PUBLIC HEARING CLOSED. The meeting was reconvened by Chairman Ja.ck Baker: ( 2) The consider Road When Ann Everett of York asked how may acres he owned with his apartment, he replied D. 3.1 of Mobile or hearing 593 so. Etna Horne single PUBLIC HEARING CLOSED. The meeting was reconvened by Chairman Ja.ck Baker: ( 2) The consider Road Zoning Ithaca, Board the application New of York Appeals of to place conducted Ronald a. Single D. it public Nedrow -wide of Mobile hearing 593 Etna Horne single to at 50.2 Etna trailer violation Zoning hardships Road, Ithaca, New York of are my and f as is requesting dwelling and 1002.2 d :i..ffi a variance of to section 701 and 1002.2 of the Dryden Town Zoning Ordinance. Mr. Baker read the request as follows: Hav:.ng been denied permission to :i.nstal.l a single wide trailer violation Zoning hardships for Ordinance. of are my section f as aml.y follows: i. 701 Practical dwelling and 1002.2 d :i..ffi at 593 cul.ties of Etna the and Road, Town /or which of unnecessary Dryden is in 1.9 Due to the severe angles of the lot, see the attached surveyors map, a small Double- wide or house would not fit on the l,ot. 2e 144 lot was an existing trailer Tot da.t:ing back to 19620 ,3. Due to the first zoninc variance decision to decline, Pty family and I were financia.l.ly forced into living in grandma's house for the duration of the winter. A trailer (s) would give us back our privacy and dignity of again being self sufficient home owners. ® 4* A tra.:i.lcr would not detract from other va.l.ues :i.n the neighborhood. i• A trailer, two car garage and barns would not only be a. higher taxable value, but also a. much greater resale value at a later date. On the back: ].. l; feel. that since our lot; was never surveyed until. December of ' S9, the garage was positioned in the center of the lot in the '70's. Everybody thought the lots ran perpendicular to the road, instead of parallel as they do. T feel. this is a unique situation we must deal. with. 2. There's a. l.J.ttle note that says see section 1700 continuance paragraph. ;. Due to the placement of the well and septic system, other than a single wade trailer, no other form of housing would fit upon this lot. QUESTIONS ® T see you or someone brought in an a.dd:i_tional map. Mr was co hadn't the wo trees. Whitt I that i feet o the ga. showed . kX rre be ods t t S ut. rag I.l IN edro ct S en s and F ;i. n a ough tart B e, a th:i. W s t a. t o he h urveye find ll.y go t. W 1 e d r• :i. g s;i.ca11. nd the s it w ed h ad t d s :i_ t w i. s t it en I ht h y wh n we as q e had just gotten it back, he didn't thank it he man come back and do it main. The road nce Civi=l. War days, we had to go ti,•ay back into ted wire fencing and stuff grown J.nto the surveyed and looks .Like a whole new lot then purchased the lot I was under the assumption ere near this big degree a.nd. went .a. hundred at I thought was the lot went parallel with would have lots of room. When the surveyor cite a shock. Discussion followed on the locat.i.on of the septic, wh:i.ch would have to be upgraded and the existing Well. mr. Nedrow st;a.ted at one time they had thought of converting the ga.rage, which is 24 by 24 into living space. He stated if they did ninety percent of the work themselves it would cost between 15) and 20 thousand. I we buJ.It it house it doesn't, leave us any space to put a two car garage at a latter date. Guesting the :Lot size Mr. Nedrow sa.i.d that originally when they bought the first parcel form his wife's father they planned on putting in a. trailer, When they checked into the codes they realized is they needed more road frontirtge so they purchased the garage and l road frontage from her grandmother to give them the allowable code . (6) Mrs. Nedrow stated when they bought the original. lot they told them 'the uti,l. :'tty poles were on her fathers lot. They found out that they were on Cornell land and Mr. Nedrow said he put $300.00 into a. conversion ditch down through Cornell -last summer to dry up the lot. indicated wheelers Bordonaro This factor 'the loads inquired water of changes fill table the brought pitch was very in of and high where brought in he that has it area to up work and about with. had 186 three He ton feet. some After diversion money the work septic ditch to system sloop is in off whatever he indicated else he he was needs. going to run some Tn answer to the question of what the water table would do to the septic system. Mr. Nedrow indicated he was all right due to the fact he had. brought in the fill.. It gets wet going into the Cornell lands. A of th he fo road. :i. n , a. porch reaso value thous house nn e un of 1 aS n a. 0 a. n a t d e 9 e b f d n Ever rail i. t sta 8 2 vo thr le. bet to d th e e w t i. O W w e tt ask r woul ould b ed he th a s ugh a if' t h a een to ork wi y need ed how d be. c a.ppr dial ha h:ingle friend t was n and th, wh to st m a. Mr oxi ve d r of riot fi_f ich av ny feet back from the road the location . Nedrow stated depending on what trailer mately 100 feet from the center of the a trailer in mind that he was interested oof, she had put house siding on it, a the family that could be bought purchased he was looking at the market teen thousand. They have about twenty would go for the septic, electric, and r:i.thin their means. TheY had look at double -wides for eighteen nineteen thousand but 9 there i.s no insulation or cuboards, by the time you start tacking on insulation packages and the extras, the cost amounts to 3$ or 40 thousand dollars. The lot does comply with the zoning laws. wanted s from now he could he will. N Om h s h a. d e e e .v row stated thing he c wanted se 11 or, go s e some mon b O 1.r v 0 e as Id n e t :i.ca'lly stay Vr fiive lace. 0 If0rk he needed someplace to live aga:i.n and % ..i.thin his budget. lsi_ve or ten years per cent of the mortage paid off so If he says with a $20,000.00 budget with when he gets ready to go. Mr. Bordonaro stated he inquired if the intent was to live there as a. temporary somebody else? measure he until he could bu:i.l_d enough equity in it to sell to Ae No I need someplace to live in the next ten years. I have no place of our own to :Live. Mr. Bordona.ro stated he misunderstood hi.s previous statement. He thought. he had indicated he would like to move out in the next three to .five years and have some money to work with. A. Well someday I'd like to move south, I'm not in a position to transfer jobs and wheat not to go. I have every last nickel that None iJ I've made, I've spent on this lot in the last yeast and a half. I put over $2,000.00 worth of dozer work in there. 186 ten wheeler• loads of .f.ill, the well, the survey.i.ng 1 didn't plan on. I had to update the abstract, :I haven't gotten the bill fr•on the lawyer, but that looks like it is going to be best part of another thousand. I have twelve to thirteen thousand dollars tied u;� in ground and no place to call home yet. Qt E.STIONS FROM THE FLOOR HEARING CLOSED The rejecting was reopened and decisions announced. Meeting adjourned. Respectfully submitted, Je Ry�i.n Rec. Sec. for Z.H.A. 0 NOTICE OF DECISION Tuesday, March 6, 1990 A public hearing to consider the requesting a variance to place a Ithaca., New York within an R.B. -i Double -wide Mobile Homes, and is 1002.2 of the Dryden Town Zoning appl Sing Zon requ 0 .r d i. ;i. .l_ i c n c e n s a a. ti -wi g D 0. n ncc on of de Me istri, g a v R bi ct it ona.l le H whi ianc d D. Nedrow ome at 593 Etna Road, ch only permits e to sections 701. and A public hearing was duly conducted by the Town of Dryden Board of Zoning Appeals on Tuesday, March 6, 1990 with members present: Francis Di.Tommaso, Dominic Bordonaro, Ann Everett, Alan LaMotte and Chairman Jack Baker, presiding. The Board carefully considered all findings presented at the public hearing and known to its members. FINDINGS: 1. The applicant showed by surveying problems, garage placement and wet .Lands demonstrated the uniqueness of this .Land. 2. The applicant stated and the Board has reason to believe that a. double wide Mobile Home wouldn't fit on this property. 3. The applicant proved that the request doesn't change the character of the neighborhood. 4. There was no neighborhood opposition. Alan LaMotte moved due to the findings listed a variance be granted. Ann Everett seconded the motion. All members voted YES DECISION: ® jr Variance Granted Respectfully submitted, Jack Baker, Chairman the a erect Ext., and li Distr is re Ordin ppl:i, cation of three (3), si Freevi.11e, Ne to 366, !chin S ict which does questing a var ancc. NOTICE, OF DECISION Tuesday, March 6, 1990 K0nstant:i.o x (6) Unit w York. T t'reet Exte not permi i,ance to s ns To he 11si t ect Kat w sit on. uIt ion z N e :i irc 01.1 s 1, S Th -Fa 751 umbas requesting a variance to e Apts. at or about 451 Main Street at the intersection of Kirk Road is site is within an R. 13. Zoning roily Structures. Mr. Konstanti.ons of the Dryden Town Zoning A public hearing was duly conducted by the Town of Dryden Board of Zon:i_ng Appeals on Tuesday, March 6, 1990 with members present: Francis DiTommaso, Dominic Bordona.ro, Ann Everett, Alan LaMotte and Chairman Jack Baker, presiding. With much deliberation the following cone.-LUSi_ons resulted. FINDINGS: 1. That the applicant failed to prove uniqueness. 2. That the land could not yield a. reasonable return from an all owed use within the Zone. Ann Everett moved that Mr. Katziroumbas be requested. Seconded by Dominic Bordonaro DECISION: Variance denied. it DECISION: VARIANCE DENIED d denied his variance as VOTE Yes (3); No (2) Respectfull y ubmi_tte-.d, (Jack Baker, Chairman