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HomeMy WebLinkAbout2013-10-01.pdfTOWN OF DRYDEN Zoning Board of Appeals Oct. 1, 2013 Members Present: Nelson Hogg, Flint Brann, Gene German, Ben Curtis, Deb Shigley Absent: Others Present: David Sprout, Code Enforcement; Joy Foster, Recording Secretary, ZBA Alternate, Jeff Fearn Applicant : Daniel Webb Town Residents : Meeting called to order at 7:00 PM Agenda Daniel Webb of 335 Groton Road, Area Variance : Chair Hogg reads the public notice: Daniel Webb - Area Variance PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Town of Dryden will hold a Public Hearing to consider the application of Daniel Webb who are requesting to construct a garage at 335 Groton Road. Applicant seeks relief to construct a garage within 26' from the highway right of way where 50' is required. SAID HEARING will be held on Tue. Oct. 1, 2013 at 7:00 pm prevailing time at the Dryden Town Hall, 93 East Main St. Dryden NY, at which time all interested persons will be given an opportunity to be heard. Individuals with visual, hearing or manual impairments and requiring assistance should contact the Town of Dryden at 607-844-8888 x 216 at least 48 hours prior to the time of the public hearing. Hogg to applicant: Do you have anything further you would like to add. Webb: No Hogg: are there any comments or questions from the audience, or from the board German: Question to Dave Sprout, In terms of having this setback back 50 ' back when there are other buildings closer throughout the town , in granting a variance like this, are there some dangers that we are not aware about? Sprout: I don't think so, I think it comes from line of sight, so far it hasn't been an issue. No I don't believe there are any dangers, it's what the law allows. Setbacks are so people don't build right on the road, but there are always exceptions. Shigley: there are no Grandfather laws for this? Sprout: no not once the building is down, it's been down for about 6 years. Board and Sprout: talk among themselves about the zoning law and its changes... Hogg: showing a drawing that the applicant submitted, says he found it a bit odd, it's looking up from the bottom? And the existing pad is it the same size as garage will be? Webb: My Grandfather took that shot , he is a contractor and will be helping with the work. The pad is actually a bit larger and so we will be trimming it down to fit the garage. So it will be entirely in the same footprint . Hogg to board: does someone want to move that we close this public part of the hearing? Motion made by: Curtis -yes to close this public part of the hearing Second: German- Yes All in favor - Yes Curtis: to applicant what is the height of the garage? Webb: 8' plus the pitch. A. IN CONSIDERING WHETHER AN UNDESIRABLE CHANGE WOULD BE PRODUCED IN THE CHARACTER OF THE NEIGHBORHOOD OR DETRIMENT TO NEARBY PROPERTIES WILL BE CREATED BY GRANTING OF THE AREA VARIANCE THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: No it is consistent with most other properties in the area. Motion made by: Curtis - Yes Second: Brann- Yes All in favor - Yes B. IN CONSIDERING WHETHER THE BENEFITS SOUGHT BY THE APPLICANT CAN BE ACHIEVED BY SOME OTHER METHOD, FEASIBLE FOR THE APPLICANT TO PURSUE, OTHER THAN AN AREA VARIANCE, THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: Yes it could be located elsewhere at additional expense to the applicant and would create further ground disturbance to the property. Motion made by: Shigley - Yes Second: Curtis - Yes All in favor - Yes C. IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: Yes it is more than 50% of the required setback . Motion made by: Brann- Yes Second: Curtis - Yes All in favor - Yes D. IN CONSIDERING WHETHER THE PROPOSED VARIANCE WILL HAVE AN ADVERSE EFFECT OR IMPACT ON THE PHYSICAL OR ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: No will not have an adverse effect and will minimize the environmental impact by using the existing foundation. Motion made by: Hogg - Yes Second: Brann - Yes All in favor - Yes E. IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF-CREATED. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: Yes, site conditions and existing slab contributes to that. Motion made by: Shigley - Yes Second: Hogg- Yes All in favor - Yes Motion made by: Curtis - to grant variance from 50' to 26' Second: German- Yes All in favor - Yes Hogg reads this area variance is SEQR exempt type II action part 617.5-10 & 12 Motion made to adjourn meeting: Curtis - Second: German- Yes All in favor - Yes Meeting adjourned at 7:40 PM Respectfully submitted, Joy Foster, Recording Secretary