HomeMy WebLinkAbout2004-01-21 - BZA TOWN OF ULYSSES
ZONING BOARD OF APPEALS
MEETING & PUBLIC HEARING
1 /21 /2004
PRESENT : Chairman George Tselekis, Zoning Board of Appeals Members Ken
Christianson, Jim Hickey and Carl Mann, Code Enforcement Officer Alex Rachun, and
Zoning Typist Karin Lanning.
ALSO PRESENT : Applicants Manro Benham and Margaret Benham, Charles Wolff,
Marge Wolff, Stanley Koskinen, Laura Koskinen, John Radzik, and Judith Radzik .
Chairman Tselekis called the meeting and public hearing to order at 7 : 32 pm, proof of
notice having been presented .
The first order of business was a duly advertised public hearing for the purpose of
hearing comments on an area variance request by Manro Benham and Margaret Benham
for the purpose of constructing an accessory building whose maximum roof height would
exceed the 20-foot height maximum set forth in the Ulysses Zoning Ordinance, on their
property located at 6186 Podunk Road and known also as tax parcel 21 . - 1 - 12 . 2 .
Mr. Tselekis opened the floor to comments from the applicant and the public .
Manro Benham described his proposed project, stating the building will be a pole barn
with 14- foot eaves . This will allow him to park his Motor Home in the building; the
building will also house a shop area . The peak of the barn will be between 22 and 23 feet .
The barn will be constructed on ground that is lower than where the house sits, and
therefore the roof peak of the barn will not be higher than the roof peak of the house .
Charles Wolff began by stating he was asked to express his neighbor ' s, Krista Scamell
(aka Krista Little) , objections to the proposed project on the grounds that the barn will
block her view . Having so noted this objection, Mr. Wolff stated he is not opposed to the
project, personally, but rather attended because he is interested in the appeals process-
how the Board interprets the statutory requirements governing area variances .
Code Enforcement Officer Rachun noted the proposed structure would probably then
block Ms . Scammell (aka Ms . Little) ' s view even if the roof peak was within the
allowable 20 feet, so her objection to the structure is not an issue with the variance being
requested.
Mr. Wolff stated he was just conveying her concerns, as she asked him to . He cannot
speak to her heart .
Stanley Koskinen stated he has no objection to the proposed structure. Mr. Koskinen
stated the structure will not block anyone ' s view and will not hurt anyone, and, added, if
a man is to "chase his dreams" he needs a place for his motor home .
Mr. Hickey prefaced a Resolution by noting that no objections were expressed by
individuals present tonight, and one mild objection was expressed from an individual
who was not present.
So noting, Mr. Hickey moved the following :
Whereas, the variation is not substantial in regards to the requirement, and
Whereas, there will be no increase in population density and therefore no impact
on available governmental facilities, and
Whereas, there will be no change in the character of the neighborhood and no
detriment to adjoining properties, and
Whereas, it appears the difficulty cannot be obviated by an alternative feasible
method, and
Town of Ulysses
Zoning Board of Appeals
1 /21 /2004
Whereas, in view of the manner in which the difficulty arose and considering the
above it would seem that the interests of justice dictate the variance should be granted,
Be It Therefore Resolved that an area variance be granted to Manro Benham and
Margaret Benham for the purpose of constructing an accessory building with a peak
height exceeding the allowable 20 feet maximum roof height set forth in the Ulysses
Zoning Ordinance on their property located at 6186 Podunk Road, which is also known
as tax parcel 21 . - 1 - 12 . 2 .
Mr. Christianson seconded.
Mr. Christianson aye
Mr. Hickey aye
Mr. Mann aye
Mr. Tselekis aye
The variance was granted.
The next order of business was approval of minutes . After review, Mr. Hickey moved to
approve the minutes of the Meeting and Public Hearings of 9/ 11 /2003 as presented. Mr.
Christianson seconded .
Mr. Christianson aye
Mr. Hickey aye
Mr. Mann abstained.
Mr. Tselekis aye
Approved.
Hearing no further business, Mr. Hickey moved to adjourn the meeting and Mr.
Christianson seconded the motion .
Mr. Christianson aye
Mr. Hickey aye
Mr. Maim aye
Mr. Tselekis aye
The meeting was adjourned at 7 : 41 pm.
Respectfully Submitted,
Karin T. Lanning
Zoning Typist
Town of Ulysses
KTL: kl