HomeMy WebLinkAbout2004-04-28 - BZA TOWN OF ULYSSES
ZONING BOARD OF APPEALS
4/28/2004
PRESENT : Chairman George Tselekis , Members Ken Christianson, Jim Hickey, Joel
Warren, and Carl Mann, Code Enforcement Officer Alex Rachun, Typist Karin Lanning .
ALSO PRESENT : Steve Burke- applicant ' s representative, Carl Johnson and his
representative Roy Hubbell , Nicholas Szabo Sr. , Maria Szabo and Nicholas Szabo Jr,
Stephanie Warner, and Steve Weaver.
Chairman Tselekis called the meeting and the first duly advertised public hearing to order
at 7 : 36 pm, proof of notice having been presented .
The first matter before the Board was an area variance requested by Nancy Almann for
her property located at 1150 Kraft Road, Tax Parcel 19 . - 3 -20 . 1 , for the purpose of
constructing a carport that would be less than fifteen feet from the side lot line, and on a
property that has less than 200 feet of frontage .
Steve Burke, the applicant ' s representative and her contractor, stated the project consists
of the construction of a carport next to but not attached to a doublewide manufactured
home. Burke stated he learned first that Ms . Almann needed a building permit when Code
Enforcement Officer Rachun came to the site, and upon looking at the site, it was
determined that she would also need an area variance because of the nearness of the
carport to the side lot line, and the frontage issue .
Chairman Tselekis noted the Board received one item of correspondence on this matter.
Stephanie Warner noted she and her husband wrote that correspondence . Ms . Warner
stated their concern is the carport will be awful close to the side lot line — only nine feet —
and they would also be concerned about outside lights .
Chairman Tselekis asked if there were any other comments . None were heard .
Chairman Tselekis read the item of correspondence , received from Robert Warner and
Stephanie Warner, into the record .
Mr. Mann asked if the nine feet Warner described is from the carport to the side lot line
or from the present house to a survey marker on the side lot line . Chairman Tselekis
answered the nine feet measures from the corner of the proposed carport .
Mr. Mann asked how far the Warners ' home is from the side lot line . Ms . Warner
answered her survey says it is 24 . 5 feet to the survey marker mentioned above.
Noting that the correspondence from Robert and Stephanie Warner indicates that work
started without a building permit and continued after a stop-work order was issued, Mr.
Mann asked Code Enforcement Officer Rachun if this was the case.
Mr. Rachun explained he did not issue a stop-work order, he merely asked Mr. Burke and
Ms . Almann to stop working on the carport . Mr. Rachun noted some additional work may
have been done after he asked them to stop ; in particular roof trusses were put in place .
Mr. Hickey asked Mr. Rachun if he feels that his request was honored . Mr. Rachun noted
the Board should not look at the fact that work started without a permit and continued
after he asked that work be stopped as the determining factor in whether or not to grant
the variance . Mr. Rachun also noted while he would have preferred that work had
stopped when he asked it to , his suspicion is that the truss wood was already on site and
on the ground when he asked that work be stopped , and the wood was not going to do
anybody any good on the ground .
Mr. Rachun looked at the picture submitted by Robert and Stephanie Warner, and noted
most of the construction shown therein was up when he asked the work to cease . Mr.
TOWN OF ULYSSES
ZONING BOARD OF APPEALS
4/28/2004
Rachun asked if trusses have been put in place since the photo was taken. Mr. Tselekis
answered yes .
Chairman Tselekis asked Steve Burke if he would like to make a statement, about why in
work continued after he was asked to stop . Mr. Burke stated Ms .
needed happsned to e m be
free the day after Mr., Rachun asked that work be stopped, a nd
putting the roof trusses up . Mr. Burke noted. that Ms . Almann works three part-time jobs ,
and is not often available .
Mr. Mann noted this is the sort of variance that the Board sees often and usually
e sake
approves , but since the applicant ignored b concerned that granting Mr.
t e �ariance would
of personal convenience, stated he would
set a bad precedent .
Mr. Hickey stated he sees Mr. Mann ' s concern,o would also not like to set a precedent where if
uto
applicant ' s own risk. Mr. Hickey stated he w
all the proper procedures are not followed at the start, no variance will be granted.
Mr. Rachun noted a lot of building permits are generated after work has started because
people either try to get away without one or do not know they need one .
Steve Burke stated he is primarily a . painter and is doing this construction for Ms . Almann
as a favor to her.
Mr. Hickey asked why Ms •Rachun noted MspAlmann advised him of this when he notified
working in Corning. Mr. Rac notified
her of the date of the hearing.
Mr. Christianson asked Ms . Warner what problem she would have with the proposed
carport .
Ms . Warner answered her objections are that the carport would be too close to her home.
Mr. Hickey asked what arborvitae refers to in Ms . Warner' s letter. Ms . Warner answered
it refers to shrubs or trees .
Mr. Hickey asked if Mr. Burke would have any objections to planting trees or shrubs . Mr.
Burke answered no .
Mr. Warren asked if the sides of the carport, specifically the one that faces Ms . Warner' s
residence, will be closed in. Mr. Burke answered they will not .
Ms . Warner noted she objects more strongly to the carport if the side facing her house
will not be closed in.
Mr. Hickey asked Mr. Burke if he would have any objections to closing in the side of the
carport that faces Ms . Warner ' s residence . Mr. Burke answered no .
Mr. Hickey asked about Ms . Warner' s concern about outdoor lighting. Ms . Warner
explained she would not want any lighting that lights up her own residence all night long,
or that points at her house . Mr. Hickey noted an outdoor light greatly helps people
coming arid going at night, and asked if Ms . Warner would have any objections to a light
that does not stay on all night, such as a motion-activated light, and that does not point
towards her residence . Ms . Warner indicated she would not .
Mr. Hickey prefaced a resolution by noting the following facts :
First, that the Board has discussed concerns of the adjoining property owner with
the applicant and said adjoining property owner, and the Board wishes to thank both
individuals for the manner in which the concerns have been expressed and cooperatively
resolved, and .
TOWN OF ULYSSES
ZONING BOARD OF APPEALS
4/28/2004
Second, that the variance sought is a double variance both from the required side-
yard and from the required frontage .
So noting the above, Mr. Hickey moved to adopt the following resolution, which was
seconded by Mr. Christianson :
Whereas, the variation is not substantial in relation to the requirement, when
viewed in the context presented, and
Whereas, there will be no change in population density and no increased demand
on governmental services , and
Whereas, it does not appear that the proposed project will alter the essential
character of the neighborhood; it is a parking structure in a residential area, and
Whereas, if the conditions set forth herein are met, there will not be a substantial
detriment to adjoining properties , and, per discussion this night between the applicant and
the adjoining property owner, the project would be palatable to the adjoining property
owner, and
Whereas , it is clear that due to the location of the residence, this difficulty cannot
be feasibly obviated by any other means available to the applicant,
BE IT RESOLVED , that the interests of justice are served by granting an area
variance to Nancy Almann for the purpose of constructing a carport at 1150 Kraft Road,
Tax Parcel 19 . -3 -20 . 1 , which is within the fifteen- foot side-yard setback requirement on
her property, that does not meet the requirement for 200 feet of frontage, with the
following conditions :
First, that said carport is to be closed in with walls on the north side and on the
west side, and
Second, three trees are to be planted so as to continue and extend an existing tree
line, and the construction shall not be recommenced until these trees are planted .
Mr. Christianson aye
Mr. Hickey aye
Mr. Mann aye - reluctantly
Mr. Tselekis aye
Mr. Warren aye
The variance was granted .
Mr. Mann and Mr. Hickey noted that the record should reflect that any construction that
is done without obtaining the proper permits and variances is done at one ' s own risk and
expense .
Chairman Tselekis closed the public hearing at 8 : 02 pm .
Chairman Tselekis called a public hearing on an area variance requested by Carl Johnson
for the purpose of constructing a 10 - foot by 12 -foot addition onto his residence located at
12 Willow Point Road, also known as tax parcel 17 . - 1 - 7 , which parcel does not have the
required 200 feet of frontage, to order at 8 : 03 pm, proof of notice having been presented .
Mr. Johnson explained he purchased the property in the 1960 ' s and rebuilt after a fire in
the 1970 ' s . Mr. Johnson stated the room will basically allow him to move his washer and
j dryer upstairs so he will not have to worry about them getting flooded each year. Mr.
Johnson stated the addition will be located at the rear of the house, and will not be visible
from neighboring properties . Mr. Johnson noted Roy Hubbell is his contractor.
I
Mr. Hubbell presented the plans for the addition. The Board viewed the plans with Mr.
Hubbell .
No comments from the public were expressed verbally or in writing.
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Mr. Hickey moved to adopt the following resolution , which was seconded by Mr. Mann :
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TOWN OF ULYSSES
ZONING BOARD OF APPEALS
4/28/2004
Whereas, the variation is not substantial in relation to the requirement, noting that
there is nothing the applicant can do about his frontage, and
Whereas, there will be no impact on population density and no impact on
available governmental services, and
Whereas , the project will not even slightly alter the character of the neighborhood,
and
Whereas, there does not appear to be any detriment to adjoining properties , and
no objections to the project have been expressed, and
Whereas, it is clear that the applicant cannot accomplish his goal of relocating his
washer and dryer from his regularly flooded basement without a variance,
Be It Therefore Resolved, that in view of the foregoing, it appears that the
interests of justice will be served by granting the variance, and thus a variance is granted
to Carl Johnson for the purpose of constructing an addition onto his residence, located at
12 Willow Point Road, also known as tax parcel 17 . - 1 - 7 , which lacks the required
frontage .
Mr. Christianson aye
Mr. Hickey aye
Mr. Mann aye
Mr. Tselekis aye
Mr. Warren aye
The variance was granted.
Chairman Tselekis closed the public hearing at 8 : 07 pm .
Chairman Tselekis called a public hearing on an area variance requested by Nicholas
Szabo and Maria Szabo for the purpose of constructing a garage at their residence at 1273
Taughannock Boulevard, tax parcel- 27 . - 5 -7 , which would be less than fifty feet from the
highway right of way, to order at 8 : 10 pm, proof of notice having been presented .
Nicholas Szabo Jr. explained the proposed project briefly, presenting a sketch showing
two neighboring garages that also do not meet the setback requirement, one of which will
be significantly closer to the road than the garage he proposes . Mr. Szabo noted that the
slope of Taughannock Boulevard makes it so that only the roof of the garage will be
visible from the Road, and the slope of the property prevents locating the garage so as to
meet the highway right-of-way setback requirement .
No public comments were expressed verbally or in writing.
Mr. Hickey moved to adopt the following resolution, which was seconded by Mr.
Warren :
Whereas, in the context of what the requirement seeks to accomplish, the
variation is not substantial in relation to the requirement, and
Whereas, there will be no impact on population density and no impact on
available governmental services , and
Whereas, the project will not at all alter the character of the neighborhood, and
Whereas, there does not appear to be any detriment to adjoining properties, and
no opposition has been expressed to the project, and
Whereas , it is clear that the applicant cannot reasonably obviate the difficulty by
any feasible means other than an area variance, •
Be It Therefore Resolved, that in view of the foregoing, it appears that the
interests of justice will be served by granting the variance, and thus a variance is granted
to Nicholas Szabo and Maria Szabo for the purpose of constructing a garage within the
required front-yard setback from the highway right-of-way on their property located at
1273 Taughannock Boulevard , which is also known as tax parcel 27 . -5 - 7 .
Mr. Christianson aye
Mr. Hickey aye
Mr. Mann aye
A
TOWN OF ULYSSES
ZONING BOARD OF APPEALS
4/28/2004
Mr. Tselekis aye
Mr. Warren aye
The variance was granted .
Chairman Tselekis closed the public hearing at 8 : 18 pm .
The final order of business was approval of minutes . After review, Mr. Hickey moved to
approve the minutes of the April 21st, 2004 meeting as presented . Mr. Mann seconded.
Mr. Christianson abstained .
Mr. Hickey aye
Mr. Maim aye
Mr. Tselekis aye
Mr. Warren aye
Approved .
Hearing no further business, Mr. Hickey moved to adjourn the meeting . Mr. Mann
seconded .
Mr. Christianson aye
Mr. Hickey aye
Mr. Maim aye
Mr. Tselekis aye
Mr. Warren aye
Chairman Tselekis adjourned the meeting at 8 : 20 pm .
Respectfully Submitted,
Karin Lanning
Zoning Typist
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