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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. i f Mr. Hickey moved to adopt the following resolution , which was seconded by Mr. Mann : { 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 KTL : kl C