Loading...
HomeMy WebLinkAbout2002-10-14 - BZA Town of Ulysses Board of Zoning Appeals Public Hearing & Meeting 10/14/02 PRESENT : Zoning Board Chairman George Tselekis , Zoning Board members Jim Hickey and Carl Mann; Code Enforcement Officer Alex Rachun, Zoning Clerk Karin Lanning. ALSO PRESENT : David & Lucinda Peck, applicants for a variance, Fred Asay, Peter & Gail Zabawsky, Julian & Suzanne Munoz, and John Gant, neighbors . Mr. Tselekis called the meeting and the hearing to order at 7 : 34 pm and introduced the Zoning Board members to the assembled . The first and only variance hearing for the evening was a request by David Peck to place a modular home and, in the future , a two-car garage on his property located at 3028 Frontenac Road to replace two such structures that burned down in September, 2002 . Mr. Tselekis called upon Mr. Peck to describe his plans . Mr. Peck explained that the house will be a 3 -bedroom and 2 -bathroom modular home on a foundation, and that he will plan on building a 2 car garage at a later date, when he can better afford to do so . Mr. Tselekis asked what the footprint difference will be between the house and garage that previously existed and those which he plans to build , and was told the difference will be very marginal . Mr. Tselekis next asked if the Pecks will use the currently existing well and septic , or will need to install new systems , and was told that, since the septic was updated about five years ago and the well was tested recently and found to be satisfactory both currently existing systems will be used. The Zoning Board opened the floor for comments from the applicants' neighbors . Mr. Fred Asay stated that he is one hundred percent in favor of the Pecks' plans and expressed dismay and disapproval that the Town Zoning Ordinance required the Pecks to obtain a variance when there was already a house and a garage on their lot. Mr. Rachun noted, for the record, that if the Pecks' planned to build directly on the spot where the previous structures existed , no variance would have been needed, and also the fact that properties last conveyed in or before 1977 are grandfathered so that they do not require a variance. Ms . Gail Zabawsky spoke on behalf of herself and her husband, and stated that they believe the layout planned by the Pecks will be a good and suitable way to use their property, and will actually be a much better location for the house and garage, being that the structures will be located closer to the center of the property. Mr. Julian Munoz stated he is all for the Pecks' plans and also his disagreement with the Town's Zoning laws . Mr. John Gant stated his approval of the Pecks' plans , noting that the location for the new house and garage will, indeed, be an improvement from how these structures were previously situated. Hearing no further comments from the applicants or their neighbors, Mr. Tselekis asked Mr. Rachun if he had any comments on the application . Mr. Rachun noted that the parcel is odd- shaped, being approximately 188 ' across the front, approximately 85 ' across the back, and 278 ' and 208 ' on the sides . Mr. Rachun noted that the variance is required primarily for the fact that the 200' diameter circle of useable area that is required by the Town of Ulysses Zoning Ordinance cannot be Town of Ulysses Board of Zoning Appeals 10/ 14/02 inscribed within the confines of the property, and that the parcel also falls 12' short of the required 200' of frontage . Mr. Rachun noted that the setbacks for the request are all met, and that the plans will place the house and the garage closer to the center of the property. Hearing no further comments, Mr. Hickey moved and Mr. Mann seconded the following resolution : WHEREAS , the variations requested are not substantial in regards to the requirements, and WHEREAS , there will be no effect whatsoever on governmental resources as there will be no increase in population density, and WHEREAS , there will be no change at all in the character of the neighborhood, and the neighborhood will , indeed only be improved by the applicants' plans , and WHEREAS , there is no other feasible means for the applicant to obviate his difficulty, and WHEREAS , in consideration of the above, the interests of justice dictated that the variance request be approved, BE IT THEREFORE RESOLVED that the variance be granted . Mr. Hickey aye Mr. Mann aye Mr. Tselekis aye The motion carried, and the variance was granted . Mr. Maim moved to approve the minutes of 5/ 13/2002 as presented . Mr. Hickey seconded . Mr. Hickey aye Mr. Mann aye Mr. Tselekis aye Adopted. Hearing no further business , Mr. Mann moved to adjourn the meeting. Mr. Hickey seconded . Mr. Hickey aye Mr. Maim . aye Mr. Tselekis aye The meeting adjourned at 7 : 48 pm . Respectfully Submitted, Karin T. Laming Zoning Clerk t\--C7\ Town of Ulysses KTL : kl