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HomeMy WebLinkAbout2014-06-24D a n b y B o a r d o f Z o n i n g A p p e a l s M i n u t e s o f H e a r i n g s a n d M e e t i n g J u n e 2 4 , 2 0 1 4 Present: Allen Becker Gary Bortz Sarah Elbert David Hall Joe Schwartz Others Present: Secretary Pamela Goddard Code Officer Susan Beeners Public Joanne Powers, Wally Powers, Eric Miller, Leslie Connors BZA Chair, Joe Schwartz, opened the FIRST Hearing at 7:02pm PUBLIC HEARING to Consider granting a Request for variance of the minimum 50-foot front yard depth required in Section 600, Para. 6 of the Town of Danby Zoning Ordinance in order to install a solar panel array with a front yard depth of 40 +/- feet from the Hornbrook Road right of way line at 67 Hornbrook Road, Tax Parcel 10.-1-79.2, Low Density Residential Zone. Eric Miller and Sarah Rubenstein-Gillis, owners. Public Comment and Board Discussion No written correspondence was received regarding this request for variance. Eric Miller presented his request for a variance. The property owners are participating in the So- larize Tompkins installation project currently underway in Danby. The site requires a ground mounted system, as the dwelling roof is not in the best position for solar collection. The house site pre-dates zoning and has less than 50 feet of front yard depth. Other outbuildings and the property garden are clustered around the house. Some sections, but not all, of the array would need to be as close as 40 feet from the road in order to avoid the garden and outbuildings and to be situated for maximum solar gain. The array will face away from the road and be well screened from the road. Miller reported that his nearest neighbors have no complaint with the proposed solar panel installation. Miller answered several questions from members of the BZA. The array is sized for the current average usage of this residence. MOTION TO GRANT VARIANCE: The Board of Zoning Appeals of the Town of Danby approves the variance as stated: Request for variance of the minimum 50-foot front yard depth required in Section 600, Para. 6 of the Town of Danby Zoning Ordinance in order to install a solar panel array with a front yard depth of 40 +/- feet from the Hornbrook Road right of way line at 67 Hornbrook Road, Tax Parcel 10.-1-79.2. Moved by Becker, Second by Elbert, the motion passed David Hall AYE Joe Schwartz AYE Allen Becker AYE Sarah Elbert AYE Gary Bortz AYE BZA Chair, Joe Schwartz, closed the Hearing at 7:08pm Board of Zoning Appeals_Minutes_20140624 • Tuesday, July 8, 2014 Page 1 of 3 BZA Chair, Joe Schwartz, opened the SECOND Hearing at 7:09pm PUBLIC HEARING to Consider granting a Request for variance of the minimum 50-foot front yard depth required in Section 602, Para. 5 of the Town of Danby Zoning Ordinance in order to enlarge and enclose a front porch, where the porch has a front yard depth of 17 feet and the new enclosed porch would have a front yard depth of 13 feet, at 28 Valley View Road, Tax Parcel 17.-1-25. High Density Residential Zone, Joanne and Victor Powers, Owners. Public Comment and Board Discussion No written correspondence was received regarding this request for variance. Joanne Powers presented information in support of their variance request. The house pre-dates zoning and is set close to the road. They would like to enclose a front porch for a room addition, in order to improve their property. This would reach another four feet into the front yard depth of the property. They don’t have any choice to move the structure farther back, as the house is already situ- ated with a 17 foot front yard depth. The Powers drew attention to the fact that most, if not all, of the houses on Valley View Road are much closer than theirs. Thus, the project will be in keeping with the rest of the neighborhood. Mr. Powers informed the board that the current porch slab has structural problems, and so they need to address this at this time. There was extensive Q & A between members of the BZA and the Powers. Bortz clarified that the improvement will be living space, and therefor not just an enclosed porch. He asked whether there might be an intention to add a porch, further encroaching the set back, at a later time? The Powers have no intention to do this. Any additional construction would require another variance hearing. Hall asked whether the addition could be extended out the side of the house. This is not possible due to the property line on one side and a steep slope on the other side. Additionally, the septic system is on the south side of the house. Their proposal is really the only option. Hall asked about enclosing only the area on the current foot-print of the structure. The Powers explained that this would make a narrow room, “like a train car.” Code Officer Beeners added her view that this is a legal, non-conforming use which pre-dates zoning. She pointed out that there is a mechanism to grant variances for older homes built into the zoning ordinance. From a code standpoint, there is no alternative. She also referred to part of the Comprehensive Plan which describes the West Danby hamlet as a traditional neighborhood which should be valued for its integrity. Hall expressed his concern about precedence and about granting a variance which goes against the directive of current zoning to build farther back from roads. He agreed that this request was in keeping with the neighborhood, but was concerned that decisions be consistent. If this variance re- quest is granted, how close is too close? He questioned whether expanding the square footage of the house has to happen. Schwartz noted that, while there is the directive of zoning for new structures, the BZA may con- sider exceptions for existing houses, particularly in situations where the neighborhood pre-dates zon- ing. In this case, several of the houses in the neighborhood are even closer to the road than this re- quest. Schwartz saw no inconsistency with the neighborhood. Given other constraints, there are no other options for enlarging the porch into a room. In his view, homeowners have the right to improve their property. Becker noted that there are no large vehicles which use this road. This is a quiet, slow road. He was not concerned about the set back, in this case. Close Hearing - 7:28pm Open BZA discussion - 7:28pm Bortz made a request for change in wording of variance, as the improvement will be an addition for living space. Beeners suggested alternate wording,which is used in the “motion to grant.” Board of Zoning Appeals_Minutes_20140624 • Tuesday, July 8, 2014 Page 2 of 3 MOTION TO GRANT VARIANCE: The Board of Zoning Appeals of the Town of Danby approves the variance, of the minimum 50-foot front yard depth required in Section 602, Para. 5 of the Town of Danby Zoning Ordinance in order to enlarge a front porch and add an addition, where the porch has a front yard depth of 17 feet and the new addition would have a front yard depth of 13 feet, at 28 Valley View Road, Tax Parcel 17.-1-25. High Density Residential Zone, Joanne and Victor Powers, Owners. Moved by Becker, Second by Elbert, the motion passed David Hall Abstain Joe Schwartz AYE Allen Becker AYE Sarah Elbert AYE Gary Bortz AYE Adjournment The Meeting was adjourned at 7:36pm ___________________________________________ Pamela Goddard, Board of Zoning Appeals Secretary Board of Zoning Appeals_Minutes_20140624 • Tuesday, July 8, 2014 Page 3 of 3