HomeMy WebLinkAbout2004-07-21 - BZA TOWN OF ULYSSES
ZONING BOARD OF APPEALS
7/21 /2004
PRESENT : Chairman George Tselekis, Zoning Board of Appeals Members Ken
Christianson, Jim Hickey, Carl Mann and Joel Warren, Code Enforcement Officer Alex
Rachun and Zoning Typist Karin Lanning.
ALSO PRESENT : Michael Simkin, applicant, Ken Poyer, applicant ' s agent, Beverly
Doolittle, Ted MacCarrick, Alan Danielson, and Helen Danielson.
Chairman Tselekis called the meeting and the first duly advertised public hearing to order
at 7 : 32p .m.
The first matter of business was a duly advertised public hearing for an area variance
requested by Michael and Sandra Simkin for the purpose of adding onto their garage at
3137 Jacksonville Road, Tax Parcel 35 . -2-8, a lot that does not have 200 feet of frontage
and in which it is not possible to inscribe a 200-foot diameter circle of usable area.
Michael Simkin explained his project, noting that his property is 100-feet by 900-feet,
and that he has a 20-foot by 20- foot garage on the property currently that he would like to
add 15 -feet of the back of for use as a woodworking shop . Asked about his registered
motor vehicle repair shop, Mr. Simkin explained that he is required by the State to be
registered in order to take any paying customers, but he only repairs vehicles for a few
friends and acquaintances. Mr. Simkin stated he plans to build the addition not to
increase his car repair businesses, but so that he can move his woodworking equipment,
another hobby, out of his garage and therefore will be able to park his cars in the garage.
Hearing no comments from the public, and hearing no further questions from the Board.
Mr. Mann moved the following resolution, which Mr. Christianson seconded :
Whereas, the variation is not substantial in relation to the requirement, and
Whereas, there will be no impact on population density and therefore no increased
demand on governmental facilities, and
Whereas, there will not be a substantial change to the character of the
neighborhood or a substantial detriment to adjoining properties, and
Whereas, the difficulty cannot be obviated by any other feasible method besides
obtaining an area variance, and
Whereas, in consideration of the above factors it appears that the interests of
justice will be served by granting the requested area variance,
BE IT RESOLVED, that an area variance be granted to Michael Simkin for the
purpose of adding onto his garage located at 3137 Jacksonville Road, Tax Parcel 35 . -2-8,
which lacks the required frontage and on which it is not possible to inscribe a 200-foot
diameter circle of usable area.
Mr. Christianson aye
Mr. Mann aye
Mr. Tselekis aye
Mr. Warren aye
(Mr. Hickey was not present at this time.)
jThe motion carried, the variance was granted.
I
The public hearing was closed at 7 : 35p . m.
The second matter of business was a duly advertised public hearing comments on an area
variance request from Andrew Glasner of 4260 South Street Extension, Tax Parcel 12 . -2-
9 . 53 , for the purpose of adding a porch to his residence which would be within the
mandatory 50-foot setback from the highway right-of-way.
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7/21 /2004 '
The public hearing was called to order at 7 :40p .m.
Code Enforcement Officer Rachun explained a house was built on the property a little
over a year ago, the owner who built the house took a job elsewhere and consequently
sold the property, the new property owner wants to add a garage and a porch, and it
appears that one part of the porch will encroach on the required 50-foot setback from the
highway right-of--way by about 4-feet.
Ken Poyer explained the porch would come out from the house 8 feet, and will be roofed.
There were no comments or questions from the public .
Mr. Hickey moved the following resolution :
Whereas, the variation is not substantial in relation to the requirement, it is a
variation of 4 feet from a 50-foot requirement, and
Whereas, there will be no impact on increased population density and therefore no
increased demand on governmental facilities, and
Whereas, there will clearly not be a substantial change to the character of the
neighborhood or a substantial detriment to adjoining properties, and
Whereas, the difficulty cannot be obviated by any other feasible method besides
obtaining and area variance, and
Whereas, in consideration of the above factors it appears that the interests of
justice will bel served by granting the requested area variance,
BE IT RESOLVED, that an area variance be granted to Andrew Glasner for the
purpose of adding a roofed porch to his residence located at 4260 South Street Extension,
Tax Parcel 12 !-2-9 . 53 , which will encroach upon the required 50-foot highway right-of-
way setback by about 4 feet.
Mr. Christianson aye
Mr. Mann aye
Mr. Hickey aye
Mr. Tselekis aye
Mr. Warren aye
The motion carried, the variance was granted.
The public hearing was closed at 7 : 43p .m.
The third matter of business was a duly advertised public hearing to hear comments on an
area variance request from Beverly Doolittle of 3200 Krums Corners Road, Tax Parcel
33 . -4-2 , for the purpose of replacing an existing residence with a new doublewide
manufactured home on this lot, which consists of less than the required one-acre of land,
lacks the required 200 feet of frontage, and on which it is not possible to inscribe a 200-
foot diameter circle of usable area, and to place said new residence within the required
50-foot setback form the highway right-of-way, within 15 feet of the side lot line, and
within 35 feet 'of the rear lot line.
The public hearing was called to order at 7 :45p .m.
Chairman Tselekis recused himself from participating in this matter, as he is in the
process of negotiation with the applicant to sell land to supplement the property in
question. Chairman Tselekis asked Mr. Hickey to chair this portion of the meeting, and
Mr. Hickey agreed to do so .
In answer to questions posed by the Board, Ms . Beverly Doolittle and Ted MacCarrick
stated the following:
The lot is about 170-feet by 180-feet, but is triangular; it consists of about one-third of an
acre.
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7/21 /2004
The lot has 172 feet of road frontage.
The new residence will be about 15 feet from the highway right-of-way, about 15 feet
from the nearest side lot line, and very close to the 35 -feet required set-back from the rear
lot line, as the lot stands now, without the purchase of additional property.
Mr. Hickey noted if the applicant does not choose to seek a variance for any of the
requirements, she will have to comply with the requirements of the Zoning Ordinance
completely in regard to those requirements.
Mr. MacCarrick explained that the property completely fails to meet the requirements
Zoning Ordinance as it is, and stated they would like to obtain a variances for all the
items listed previously.
Mr. Hickey asked if he correctly understands that the reason the new house is being
constructed is to allow for the applicant ' s increased mobility.
Ms . Doolittle stated that is correct, she has a degenerative disk disorder, which will
worsen as the years pass, and has also been diagnosed with fibromalysia. The new
residence will be one-story and she will not have to climb any stairs inside the house or to
get into the house .
Mr. Hickey asked how the square footage of the new residence will compare to that of
the existing residence. Mr. MacCarrick answered the new residence will have slightly
less square footage than the existing residence . It was later noted that the footprint of the
new residence will be larger, however, because it is one-story while the existing
residence is two-story.
Mr. Mann asked if the entirety of the existing residence will be demolished, or if some of
it will be kept.
Mr. MacCarrick answered they will keep the existing garage, which is now attached to
the existing house, but it will not be attached to the new residence.
Alan Danielson stated he and his wife attended mainly to learn about the proposal, and
noted he does not want the house to be closer than 15 feet from their property line.
Mr. MacCarrick explained this individual was approached previously to see if he would
mind the new residence being closer to his lot line . He was not comfortable with the
idea, so the plan was changed to the current proposal .
Mr. George Tselekis stated, though he shared a fairly good-sized property border with the
applicant, his property is largely wooded and there will therefore not be much of an
impact on his property.
Hearing no further comments, Mr. Mann moved the following, which was seconded by
Mr. Christianson:
Whereas, while the variation is substantial in relation to the requirement, it does
not appear it will cause a substantial detriment to neighboring properties, and
Whereas, there will be no impact on increased population density and therefore no
increased demand on governmental facilities, and
Whereas, there will be a substantial change to the character of the neighborhood
or a substantial detriment to adjoining properties, and
Whereas, the difficulty cannot be obviated by any other feasible method besides
obtaining an area variance, and
Whereas, in consideration of the above factors it appears that the interests of
justice will be served by granting the requested area variance,
BE IT RESOLVED , that an area variance be granted to Beverly Doolittle for the
purpose of placing a new residence on her property located at 3200 Krums Corners Road,
Tax Parcel 33 . -4-2 , which consists of less than the required one-acre of land, lacks the
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7/21 /2004
required 200 feet of frontage, and on which it is not possible to inscribe a 200-foot
diameter circle of usable area, and to place said new residence within the required 50-foot
setback from the highway right-of-way, within 15 feet of the side lot line, and within 35
feet of the rear lot line.
Mr. Hickey noted that no opposition has been expressed, that the purpose of the planned
project is to allow the applicant to ambulate more feasibly, and that the lot has existed as
is for many years .
Mr. Christianson aye
Mr. Mann aye
Mr. Hickey aye
Mr. Tselekis abstained
Mr. Warren aye
The motion carried, the variance was granted.
Mr. Hickey reminded the applicant that the granting of the area variance does not address
other issues not covered by the Zoning Board of Appeals, including permits for a well
and septic system from the County Health Department. The applicant stated she
understands this.
The public hearing was closed at 8 : 00p .m.
Mr. Maim moved to approve the minutes of the April 28`h, 2004 meeting and public
hearings as written, Mr. Hickey seconded.
Mr. Christianson aye
Mr. Mann . aye
Mr. Hickey aye
Mr. Tselekis aye
Mr. Warren aye
Adopted.
Hearing no further business, Mr. Hickey moved to adjourn the meeting. Mr. Mann
seconded .
Mr. Christianson aye
Mr. Mann aye
Mr. Hickey aye
Mr. Tselekis aye
Mr. Warren aye
Chairman Tselekis adjourned the meeting at 8 : 03p .m.
Respectfully Submitted,
Karin Lanning
Zoning Typist
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