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