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HomeMy WebLinkAbout2006-01-25 - BZA TOWN OF ULYSSES BOARD OF ZONING APPEALS 1 /25/2006 PRESENT : Chairman George Tselekis, BZA Members Carl Mann, Andy Glasner, and Gerald VanOrden; Code Enforcement Officer Alex Rachun; Zoning Typist Karin Lanning; Excused: BZA Member Joel Warren. ALSO PRESENT : Douglas and Barbara Coleman, Applicants . Chairman George Tselekis called the meeting and a duly advertised public hearing to order at 7 : 30 pm. The purpose of the public hearing was to hear comments on an area variance requested by Douglas Coleman and Barbara Coleman for the purpose of constructing a three-bay garage with overhead apartment on their lot at 6471 Waterburg Road, also known as tax parcel 22 -4-6 . 3 , a parcel that lacks the 250 feet of frontage required by the Zoning Ordinance . Chairman Tselekis invited the applicants to describe their project . Douglas Coleman stated they want to build a three-bay garage with an apartment overhead. Initially, they planned just to build a garage, but decided to add an income apartment because of the present state of the economy. Chairman Tselekis asked Typist Lanning if any correspondence has been received and Lanning answered no . Chairman Tselekis noted no members of the public are present to make comment. Chairman Tselekis opened the floor to questions from the BZA Members . Mr. Mann asked where the garage will be in relation to the house . Mr. Coleman stated it will be to the left of the house . Mr. Mann asked if the garage will meet all setback requirements, and Mr. Coleman stated he believes so . Mr. Tselekis asked what the acreage requirement for this project is, and Code Enforcement Officer Rachun answered it is 3 acres, so this lot is more than sufficient. Mr. Mann asked if the lot would have been conforming under the old Zoning Ordinance, and Mr. Rachun answered yes . Hearing no further questions or comments, Mr. VanOrden moved to adopt the following resolution, which motion was seconded by Mr. Glasner : Whereas, there will be no undesirable change to the character of the neighborhood and no detriment to nearby properties resulting from the requested variance, and Whereas, the benefit sought by the applicant can not be achieved by a feasible alternative method other than an area variance, and Whereas, the variance is not substantial in comparison to the requirement (203 feet of frontage compared to 250 feet of frontage) , and Whereas, the variance requested will not have an adverse impact on the physical or environmental conditions in the neighborhood, and Whereas, the alleged difficulty was not self-created, Town of Ulysses 2 Board of Zoning Appeals 1 /25/2006 Be It Therefore Resolved, that an area variance be granted to Douglas and Barbara Coleman from the requirements under Article VII, Section 7 . 6 of the Zoning Law in that the parcel of land does not have 250 feet of frontage as required under the Zoning Law for the purpose of constructing a 3 -bay garage with an overhead apartment at their residence, 6471 Waterburg Road, which parcel is also known as Tax Parcel 22 -4- 6 . 3 . Mr. Tselekis aye Mr. Glasner aye Mr. Mann aye Mr. VanOrden aye The motion carried and the variance was granted. Code Enforcement Officer Alex Rachun asked the BZA what action, if any, they would like to take with respect to approximately eight properties that were granted area variances under the previous Zoning Ordinance and have not undertaken the construction projects that necessitated their area variances . Discussion ensued . The consensus was that these area variances should remain with the properties and the construction projects should be permitted as allowed uses . Mr. Mann moved to approve the minutes of the November 16, 2005 meeting as drafted . Mr. VanOrden seconded. Mr. Tselekis aye Mr. Maim aye Mr. VanOrden aye Mr. Glasner - abstained. The motion passed and the minutes were approved . Hearing no further business, Mr. Mann moved to adjourn the meeting. Mr. Glasner , 1 seconded. Mr. Tselekis aye Mr. Glasner aye Mr. Mann aye Mr. VanOrden aye Chairman Tselekis adjourned the meeting at 7 : 40 pm . Respectfully Submitted, Karin Lanning Zoning Typist KTL: kl 1 � 3