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HomeMy WebLinkAbout2013-08-06.pdfTOWN OF DRYDEN Zoning Board of Appeals August 6, 2013 Members Present: Nelson Hogg, Ben Curtis, Deb Shigley Absent: Flint Brann, Gene German Others Present: David Sprout, Code Enforcement; Joy Foster, Recording Secretary, ZBA Alternates, Jules Ravo & Jeff Fearn Applicant : Elba Ramirez Velez Town Residents : none Meeting called to order at 7:02PM. Agenda Area Variance request to construct a 2-car garage at 326 Mt. Pleasant Road, within 30 feet of the road right-of-way. : Chair Hogg reads the public notice: Elba Ramirez Velez, 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 Elba Ramirez Velez who is requesting to construct a 2-car garage at 326 Mt. Pleasant Road. Ms. Velez seeks relief to construct a garage within 30 feet of the road right of way, where fifty feet is required. SAID HEARING will be held on Tue. August 6, 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: is there anything further you would like to add? Ms. Velez: would you like to hear what is going on each side of garage and why we want to place it where we are requesting? Ms. Velez approaches the board and discusses showing board on a map and drawings where garage is going and what is around the property. Just the board and Ms. Velez are looking at map and talking among themselves. Board gets a clear picture of where everything is and garage will be. Hogg asks Dave Sprout if there has been any comments from neighbors? Sprout: No comments at all. Hogg: if there are no further questions from the board or audience, this will close the public part of the hearing and we will proceed to answer the questions for our decision. 7:10PM closes the public part of the hearing 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 because other structures in the area are equally close to the road. Motion made by: Hogg Second: Curtis 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 the building could be built 50 feet from the road right-of-way but the visual impact would not be as good as the proposed location Motion made by: Curtis Second: Shigley All in favor - yes C. IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: Yes 14 feet is substantial but not unusual for the area. Motion made by: Curtis Second: Brann 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 in fact what applicant is proposing will minimize the environmental impact Motion made by: Curtis Second: Shigley All in favor - yes E. IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF-CREATED. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: Yes. Motion made by: Shigley Second: Curtis All in favor - yes Curtis: makes a motion that we grant the Area Variance as requested Second: Shigley All in favor - yes Hogg to applicant, good luck with your project see Dave when you are ready for a building permit. Hogg motions to adjourn the hearing (7:20pm) Second: Curtis All in favor- yes